Ohio Administrative Code|Rule 3745-27-19 | Operational criteria for a sanitary landfill facility.

                                                
(A) Applicability.
The owner or operator of a sanitary landfill
		  facility shall comply with the requirements and operational criteria specified
		  in this rule until all closure certifications required by paragraph (J) of rule
		  3745-27-11 of the Administrative Code are submitted and the post-closure care
		  period begins.
(B) Compliance.
(1) The owner or operator
			 shall conduct all operations at a sanitary landfill facility in strict
			 compliance with the terms and conditions of the solid waste disposal license
			 issued for the facility in accordance with Chapter 3745-37 of the
			 Administrative Code.
(2) The owner or operator
			 shall conduct all construction and operation at a sanitary landfill facility in
			 strict compliance with the applicable authorizing document, including a permit
			 to install, a plan approval, an operational report, an approved closure plan,
			 an alteration concurred with in writing by Ohio EPA, or any authorizing
			 document listed in paragraph (I) of rule 3745-27-09 of the Administrative Code,
			 except as follows:
(a) For a sanitary landfill facility with a permit to install
				approved after January 1, 1980, but before March 1, 1990, the owner or operator
				shall conduct all operations in strict compliance with the detail plans,
				specifications, terms and conditions of an approved permit to install, with the
				exception, that if the engineered bottom liner and leachate collection system
				approved in the permit to install is less protective of human health and the
				environment than the interim composite liner/leachate collection system
				specified in rule 3745-27-08 of the Administrative Code, the owner or operator
				shall conduct operations in accordance with the interim composite
				liner/leachate collection system design required to be installed in response to
				paragraph (A) of rule 3745-27-20 of the Administrative Code in lieu of the
				liner and leachate collection system plans, specifications, terms and
				conditions in an approved permit to install, until such time as an approved
				permit to install requires compliance with rule 3745-27-08 of the
				Administrative Code.
(b) For a sanitary landfill facility with a plan approval issued
				by the Ohio department of health, an operational report submitted in accordance
				with paragraph (J) or (K) of rule 3745-27-09 of the Administrative Code, as
				effective July 29, 1976, or a permit to install approved prior to January 1,
				1980, the owner or operator shall conduct operations in strict compliance with
				the plan approval, operational report, or a permit to install, whichever
				document is applicable, unless either of the following apply:
(i) The owner or operator
				  of a sanitary landfill facility has obtained a permit to install pursuant to
				  the conditions and schedule outlined in division (A)(3) or (A)(4) of section
				  3734.05 of the Revised Code.
(ii) The composite liner
				  system and the leachate collection and management system approved in the plan
				  approval, operating report, or permit to install is less protective of human
				  health and the environment than the interim composite liner/leachate collection
				  system specified in rule 3745-27-08 of the Administrative Code, in which case,
				  the owner or operator shall conduct operations in accordance with the interim
				  composite liner/leachate collection system design required to be in accordance
				  with paragraph (A) of rule 3745-27-20 of the Administrative Code in lieu of the
				  liner/leachate collection system plans, specifications, terms and conditions in
				  the plan approval, operational report, or permit to install, until such time as
				  an approved permit to install requires compliance with rule 3745-27-08 of the
				  Administrative Code.
(c) The owner or operator has obtained written concurrence from
				Ohio EPA for the alteration of the sanitary landfill facility or the owner or
				operator has obtained a permit to install prior to the modification of the
				sanitary landfill facility.
[Comment: "Alteration" is defined
				in rule 3745-27-01 of the Administrative Code; "modification" is
				defined in rule 3745-27-02 of the Administrative Code.]
(3) The owner or operator
			 shall operate the facility in such a manner that noise, dust, and odors are
			 strictly controlled so as not to cause a nuisance or a health
			 hazard.
(4) The owner or operator
			 shall operate the facility in such a manner that the attraction, breeding, and
			 emergence of insects, rodents, and other vectors are strictly controlled so as
			 to not cause a nuisance or a health hazard. The owner or operator shall
			 initiate effective supplemental vector control measures as deemed necessary by
			 the health commissioner or the director.
(5) The owner or operator
			 shall operate the facility in such a manner that operation does not create a
			 nuisance or a health hazard, does not cause water pollution pursuant to Chapter
			 6111. of the Revised Code, and does not violate any regulation adopted by the
			 director pursuant to Chapter 3704. of the Revised Code.
(6) The owner or operator
			 shall comply with all of the following:
(a) The applicable design, construction and testing
				specifications in rule 3745-27-08 of the Administrative Code.
(b) The operating record, designation, and location restriction
				demonstration requirements of rule 3745-27-09 of the Administrative
				Code.
(c) The ground water monitoring, assessment, and corrective
				measures requirements of rule 3745-27-10 of the Administrative
				Code.
(d) The closure requirements of rule 3745-27-11 of the
				Administrative Code.
(e) The explosive gas monitoring and corrective measures
				requirements of rule 3745-27-12 of the Administrative Code.
(f) The closure, post-closure care, and corrective measures
				financial assurance requirements of rules 3745-27-15, 3745-27-16, and
				3745-27-18 of the Administrative Code.
(g) Rule 3745-27-20 of the Administrative Code.
(C) Construction certification,
		  concurrence, and compliance.
(1) Construction
			 certification and concurrence.
After the installation of any of the engineered
			 components specified in rule 3745-27-08 of the Administrative Code, other than
			 the cap system, in any phase of any unit of a sanitary landfill facility, the
			 owner or operator shall not accept waste in the phase until all of the
			 following occur:
(a) A construction certification report for that phase, prepared
				in accordance with rule 3745-27-08 of the Administrative Code, has been
				submitted to Ohio EPA and the approved health department.
(b) The owner or operator has received written concurrence from
				the appropriate Ohio EPA district office for the components specified in rule
				3745-27-08 of the Administrative Code, except that written concurrence is not
				required for the interim composite liner/leachate collection system constructed
				in accordance with rules 3745-27-08 and 3745-27-20 of the Administrative
				Code.
(2) Construction
			 compliance.
Upon discovery by the owner or operator, or
			 upon notification by Ohio EPA that a failed test or an alteration has occurred
			 in construction of any engineered component or portion of a sanitary landfill
			 facility, the owner or operator shall comply with the procedures outlined in
			 this paragraph.
(a) Failed test.
For the purposes of this rule, a "failed
				test" occurs when a test performed on a component of the sanitary landfill
				facility yields a result that does not meet the specifications outlined in the
				applicable authorizing document specified in paragraph (B) of this rule or
				other requirements of these rules. If, prior to submission of the construction
				certification report for the component or portion of the sanitary landfill
				facility, the owner or operator determines that there is a "failed
				test," the owner or operator shall do the following:
(i) Assess the component
				  or portion of the facility to determine if construction is in compliance with
				  the applicable authorizing document or other requirements of these
				  rules.
(ii) Implement measures
				  to attain compliance with the applicable authorizing document or other
				  requirements of these rules. An area with a verified failure must be
				  reconstructed. Reconstructed areas must be retested at a frequency sufficient
				  to demonstrate to the director that compliance has been achieved.
(b) Alteration.
If, prior to submission of the construction
				certification report for the component or portion of the sanitary landfill
				facility, the owner or operator determines that there is an alteration, the
				owner or operator shall do all of the following:
(i) Include the
				  applicable testing results and an explanation of the alteration in the
				  certification report "alterations" section required by rule
				  3745-27-08 of the Administrative Code.
(ii) Provide a
				  demonstration in the certification report that the alteration is at least
				  equivalent to the requirement in the applicable authorizing document or other
				  requirements of these rules.
(iii) Submit the
				  certification report to Ohio EPA and the approved health
				  department.
(iv) Continue to comply
				  with paragraph (C)(1) of this rule.
[Comment: Paragraph (C)(2)(b) of this rule
				  applies only to a change that qualifies as an alteration as that term is
				  defined in rule 3745-27-01 of the Administrative Code. Rule 3745-27-02 and
				  paragraph (A) of rule 3745-27-06 of the Administrative Code require an owner or
				  operator to obtain a permit to install prior to the establishment of a new, or
				  modification of an existing, solid waste landfill facility. Obtaining
				  concurrence for an alteration in accordance with the procedures outlined in
				  paragraph (C)(2) of this rule does not relieve the owner or operator from
				  liability for failure to obtain a permit to install to modify the facility if
				  the change being addressed constitutes a modification.]
(c) Detection after submission of certification
				report.
If the owner or operator determines that the
				certification report is in error because a "failed test" or an
				alteration was detected after submission of the construction certification
				report to Ohio EPA, the owner or operator shall do the following:
(i) Notify, not later
				  than twenty-four hours after discovery by phone and not later than seven days
				  after discovery in writing, the appropriate Ohio EPA district office and the
				  approved health department of the noncompliance.
(ii) Not later than
				  fourteen days after submitting the written notification required by paragraph
				  (C)(2)(c)(i) of this rule do either of the following:
(a) Implement compliance
					 with the applicable steps outlined in paragraph (C)(2)(a) of this rule and
					 amend and resubmit the construction certification report to explain the
					 circumstances and how compliance was achieved.
(b) Submit the
					 information required by paragraph (C)(2)(b) of this rule.
[Comment: Compliance with paragraph (C)(2)(c) of
		  this rule does not relieve the owner or operator from liability for failure to
		  construct or operate the sanitary landfill facility in strict compliance with
		  the applicable authorizing document, other requirements of these rules, or
		  failure to submit a certification report that is true, accurate, and complete
		  as required by the construction certification requirements of rule 3745-27-08
		  of the Administrative Code.]
(D) 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 which can clog the
				leachate collection system.
(e) Be placed as a single lift above the leachate collection
				layer required pursuant to rule 3745-27-08 of the Administrative Code so that a
				minimum distance of five feet is created between the liner and general waste
				placement.
[Comment: Granular drainage medium used in
				the leachate collection system provides some of the required protective
				material needed to create five feet of distance between the liner and general
				waste placement. Thus, if the leachate collection system consists of one foot
				of sand, then at least four feet of select waste would be needed to satisfy the
				requirement in paragraph (D)(1) of this rule.]
(2) The owner or operator
			 shall maintain documentation at the facility verifying the placement of the
			 select waste layer. The owner or operator shall insert the documentation into
			 the operating record required pursuant to rule 3745-27-09 of the Administrative
			 Code. The documentation shall include the following information:
(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.
(E) General operational
		  criteria.
(1) Construction.
(a) The owner or operator shall clear naturally occurring
				vegetation to the extent necessary for proper operation of the
				facility.
(b) Any oil wells and gas wells within the proposed limits of
				solid waste placement shall be properly plugged and abandoned in accordance
				with Chapter 1509. of the Revised Code.
(c) The owner or operator shall maintain the integrity of the
				engineered components of the sanitary landfill facility and repair any damage
				to or failure of the components. "Engineered components" include the
				components described in rule 3745-27-08 of the Administrative Code and
				components of the monitoring system installed in accordance with rule
				3745-27-10 of the Administrative Code. Failed or damaged engineered components
				shall be investigated and reconstructed in strict compliance with the existing
				applicable authorizing documents. If a redesign is necessary, prior approval of
				an alteration or a modification shall be obtained.
(d) The owner or operator shall perform chemical compatibility
				testing if the director determines that such testing is necessary to
				demonstrate that the solid waste to be received at the sanitary landfill
				facility will not compromise the integrity of any material used to construct
				the sanitary landfill facility.
(2) Access.
(a) The owner or operator shall construct and maintain
				all-weather access roads within the facility boundary in such a manner as to
				withstand the anticipated degree of use and allow passage of the loaded refuse
				vehicles at all times, with a minimum of erosion and dust
				generation.
(b) The owner or operator shall limit access to the facility by
				unauthorized personnel except during operating hours when operating personnel
				are present. The owner or operator shall, at all times, limit access to the
				facility as necessary to prevent scavenging and salvaging operations not
				conducted in accordance with paragraph (E)(4) of this rule. This paragraph
				shall not apply to the health commissioner or the director who, upon proper
				identification, may enter the facility at any time to determine compliance with
				this chapter.
(c) The owner or operator shall post legible signs stating the
				yard waste restrictions applicable to the facility. A sign shall be posted in
				proximity to each public entrance of the facility.
(d) The owner or operator shall exclude live domestic and farm
				animals from the operating areas of the facility, except for animals used for
				security purposes.
(3) Equipment.
(a) The owner or operator shall have adequate equipment,
				material, and services available at or near the facility to control fire. The
				owner or operator shall act immediately to control or extinguish any
				fire.
(b) The owner or operator shall ensure that operable equipment of
				adequate size and quantity for the operations of the facility are available at
				all times, or that an appropriate contingency plan is prepared to properly
				handle and dispose of waste materials in the event of equipment
				failure.
(4) Scavenging and
			 salvaging.
The owner or operator may only conduct
			 salvaging in a manner approved by the director. Scavenging is
			 prohibited.
(5) Personnel.
The owner or operator shall ensure that any
			 individual meeting the definition of operator specified in rule 3745-27-01 of
			 the Administrative Code shall be thoroughly familiar with the proper
			 operational procedures, license, permits, and other authorizations pertaining
			 to the facility.
(6) Inclement
			 weather.
The owner or operator shall ensure preparations
			 have been made such that, during inclement weather, the sanitary landfill
			 facility is able to receive, compact, and cover incoming waste. The
			 preparations shall include but need not be limited to designation and
			 preparation of areas where waste will be deposited, compacted, and covered
			 during inclement weather, construction and maintenance of all-weather access
			 roads leading from all points where loaded vehicles enter the site to the
			 inclement weather areas, and stockpiling of cover material.
(7) Waste acceptance and
			 placement.
(a) Prior to accepting waste at a unit of a new sanitary landfill
				facility, or in any unit of a lateral expansion area, or in a vertical
				expansion approved on or after March 1, 1990, the owner or operator shall
				comply with all applicable requirements for leachate treatment or disposal,
				discharges to surface waters, management of surface water runoff, and air
				emissions.
(b) The owner or operator shall not begin filling in a new phase,
				without completing the previous phase, except to the extent necessary for the
				proper operation of the sanitary landfill facility.
(c) The owner or operator shall confine unloading of waste
				materials to the smallest practical area. The owner or operator shall ensure
				that each unloading area is supervised by a person or persons knowledgeable
				regarding operations at the working face.
(d) The owner or operator shall not deposit waste that is burning
				or is at a temperature likely to cause fire at the working face. Prior to
				placing the waste at the working face, the owner or operator shall deposit such
				material in a separate location which is at a sufficient distance from the
				working face to prevent fires from spreading to the working face and shall
				immediately extinguish the fire or lower the temperature of the
				waste.
(e) Except as provided in paragraphs (D)(1) and (E)(7)(d) of this
				rule, the owner or operator shall ensure that all waste admitted to the
				sanitary landfill facility is deposited at the working face, spread in layers
				not more than two feet thick, and compacted to the smallest practical volume.
				An alternate method may be used if approved in writing by the director. During
				periods when inclement weather prevents compliance with this rule, the waste
				shall be deposited at the area prepared in accordance with paragraph (B)(2)(a)
				of this rule.
(f) The owner or operator shall employ all necessary means to
				ensure the following:
(i) Bulky materials can
				  be compacted or otherwise managed in such a way as to ensure the proper
				  placement of daily cover.
(ii) Dusty materials are
				  handled, compacted, and covered in such a manner as to minimize the amount of
				  dust that is generated by those materials.
(8) Disposal
			 restrictions.
The owner or operator shall not accept for
			 disposal or dispose of any of the following materials at a sanitary landfill
			 facility:
(a) Asbestos or asbestos-containing waste material that is
				subject to the provisions of NESHAP, 40 CFR Part 61, subpart M (July 1, 2007)
				without the necessary permits.
[Comment: A copy of 40 CFR Part 61, subpart M
				can be found at http://www.gpo.gov/fdays.]
(b) Containerized bulk liquids or non-containerized liquids
				without authorization from the director. Bulk liquid containers do not include
				small containers of a size that normally would be found in solid waste from
				community operations. For the purposes of this rule, solid waste from
				"community operations" is wastes derived from households (including
				single and multiple residences, hotels, and motels, bunkhouses, ranger
				stations, crew quarters, campgrounds, picnic grounds, and day-use recreation
				areas).
(c) Materials that are defined as hazardous wastes pursuant to
				rule 3745-51-03 of the Administrative Code.
(d) Polychlorinated biphenyls (PCB) wastes as defined in 40 CFR
				Part 761 (July 1, 2007) (http://www.gpoaccess.gov/cfr/index.html) unless
				otherwise authorized by 40 CFR Part 761.
(e) Materials that are designated as infectious wastes pursuant
				to rule 3745-27-01 of the Administrative Code, other than infectious waste
				subject to division (D) of section 3734.02 of the Revised Code and divisions
				(B)(2)(c) and (B)(2)(d) of section 3734.021 of the Revised Code and rules
				adopted thereunder, including rules 3745-27-30 and 3745-27-32 of the
				Administrative Code, unless the infectious waste has been treated to render it
				non-infectious in accordance with rule 3745-27-32 of the Administrative
				Code.
(f) Yard waste, source-separated yard waste, or commingled yard
				waste as defined in rule 3745-27-01 of the Administrative Code.
[Comment: Application of this rule should be
				read in conjunction with the yard waste management rules contained in paragraph
				(O) of this rule.]
(g) Whole scrap tires or shredded scrap tires with the exception
				of the following:
(i) Burned and partially
				  burned scrap tires, pyrolytic oil, and contaminated soils provided that those
				  materials meet the definition of solid waste in rule 3745-27-01 of the
				  Administrative Code.
(ii) Scrap tire pieces
				  from a scrap tire recovery facility that are the byproduct of the processing of
				  scrap tires.
(iii) Authorized
				  beneficial uses of scrap tires pursuant to rule 3745-27-78 of the
				  Administrative Code.
(iv) Whole scrap tires
				  which could not be processed by a scrap tire recovery facility. The owner or
				  operator of the scrap tire recovery facility shall complete a scrap tire
				  shipping paper and record on the shipping paper why the scrap tires are not
				  processable at the scrap tire recovery facility. This includes but is not
				  limited to aircraft tires and forklift tires that are not processable due to
				  their construction or scrap tires contaminated with mud or other materials that
				  render the tires unsuitable for processing.
(h) Low-level radioactive wastes as specified in section 3734.027
				of the Revised Code.
(i) Semi-solid material containing free liquids, as determined by
				results obtained from conducting method 9095 (paint filter liquids test) in
				SW-846, third edition: "Test Methods for Evaluating Solid Wastes,
				Physical/Chemical Methods," (February 2007)
				(http://www.epa.gov/epaoswer/hazwaste/test/main.htm) on the semi-solid
				material, unless the owner or operator has obtained prior written authorization
				from Ohio EPA to dispose of that semi-solid material in the
				facility.
(9) Litter.
The owner or operator shall employ all
			 reasonable measures to collect, properly contain, and dispose of scattered
			 litter, including the use of portable wind screens where necessary and frequent
			 policing of the area.
(10) Daily log of
			 operations.
(a) The owner or operator shall keep a daily log of operations of
				the facility that contains all the information specified on forms prescribed by
				the director. All entries required by the log form shall be completed. The
				owner or operator of the facility may use alternate forms, either in paper or
				electronic formats, for the daily log of operations, provided that all of the
				information requested on the prescribed forms is present.
(b) A copy of the log shall be available for inspection by the
				health commissioner or the director during normal operating hours.
(c) When required by Ohio EPA, the owner or operator shall submit
				log forms or summaries of daily logs to the health commissioner or the director
				on either paper or electronic versions of forms prescribed by the director. The
				owner or operator may use alternate forms, either in paper or electronic
				formats, for the log forms or summary of daily logs, provided that all of the
				information requested on the prescribed forms is present.
(d) The owner or operator shall make the completed daily logs
				available for inspection at the facility for a minimum of three years. The
				records retention period may be extended during the course of any unresolved
				litigation or when so requested by Ohio EPA. The three-year period for
				retention of records shall begin on the date the daily log form is
				completed.
(11) Inspection.
(a) The owner or operator shall inspect the sanitary landfill
				facility at least daily for ponding, erosion, and leachate outbreaks. Written
				results of the inspections, including a discussion of any corrective actions
				taken, the date, and weather conditions, shall be recorded on the daily log
				forms required pursuant to paragraph (E)(10) of this rule and shall be made
				available to the health commissioner or the director upon request.
(b) The owner or operator shall inspect sedimentation ponds and
				sedimentation pond discharge structures, including pipes, ditches, and culverts
				at least weekly for erosion, clogging, or failure and take prompt corrective
				action, if necessary. Written results of the inspections, including a
				discussion of any corrective actions taken, any water quality samples taken,
				the date, and weather conditions, shall be recorded on the daily log forms
				required pursuant to paragraph (E)(10) of this rule and shall be made available
				to the health commissioner or the director upon request.
(12) Approved permit to
			 install, detail plans, and specifications.
The owner or operator shall ensure that a copy
			 of the approved permit to install, detail plans, specifications and information
			 is maintained at the sanitary landfill facility and is available and may be
			 inspected by the health commissioner or the director upon request during normal
			 operating hours.
(F) Daily cover.
Daily cover shall be applied to all exposed solid
		  waste by the end of the working day to control fire hazards, blowing litter,
		  odors, insects, vectors, and rodents. In no event shall solid waste be exposed
		  for more than twenty-four hours after unloading. Daily cover material shall be
		  nonputrescible, shall not contain large objects in such quantities as may
		  interfere with its application and intended purpose, and shall not be solid
		  waste, unless the owner or operator has received prior, written authorization
		  in accordance with paragraph (F)(3)(a) of this rule.
(1) For units of a
			 sanitary landfill facility having a leachate management system, a soil layer, a
			 minimum of six inches thick, shall be applied and maintained. Daily cover
			 applied in an area served by a leachate collection system shall be 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.
(2) For units of a
			 sanitary landfill facility without a leachate management system, a soil layer a
			 minimum of six inches thick, consisting of well-compacted loam, clay loam,
			 silty clay loam, silty clay, or some combination thereof, shall be
			 used.
(3) Alternative daily
			 cover.
(a) The director may approve solid waste to be used as
				alternative material for daily cover if the owner of operator can demonstrate
				to the satisfaction of the director that the solid waste material proposed for
				use can provide protection comparable to six inches of soil and is protective
				of human health and environment. The owner or operator must obtain written
				approval to use solid waste for alternative daily cover prior to utilizing the
				solid waste.
(b) The director may approve alternative materials, other than
				solid waste, or other thicknesses for daily cover if the owner or operator can
				demonstrate to the satisfaction of the director that the proposed alternative
				material or thickness provides protection that is comparable to six inches of
				soil and is protective of human health and the environment. The owner or
				operator must obtain written approval to use an alternative material or
				thickness for daily cover prior to utilizing the alternative material or
				thickness.
(4) The director may
			 authorize the application of cover material less often than daily if the owner
			 or operator can demonstrate to the satisfaction of the director that the
			 alternate frequency provides comparable and adequate protection.
(G) Intermediate cover.
(1) To minimize
			 infiltration, the owner or operator shall apply intermediate cover to all
			 filled areas of a sanitary landfill facility where additional waste is not to
			 be deposited for at least thirty days. The director may approve the use of some
			 alternate time period, if the owner or operator can demonstrate to the
			 satisfaction of the director that, by use of the alternate time period,
			 infiltration will not be increased.
(2) Intermediate cover
			 material shall be nonputrescible and have low permeability to water, good
			 compactability, cohesiveness, and relatively uniform texture, and shall not
			 contain large objects in such quantities as may interfere with its application
			 and intended purpose. A soil layer, a minimum of twelve inches thick,
			 consisting of well-compacted loam, silt loam, clay loam, silty clay loam, silty
			 clay or some combination thereof, shall be used. The owner or operator may use
			 other materials or thicknesses for intermediate cover if the owner or operator
			 can demonstrate the satisfaction of the director that the proposed intermediate
			 cover material or thickness provides comparable and adequate
			 protection.
(3) Prior to the
			 placement of the next layer of waste in that area, intermediate cover in an
			 area shall be removed or otherwise prepared as necessary so as not to impede
			 the flow of leachate to the leachate management system within the limits of
			 waste placement.
(4) The owner or operator
			 shall perform measures to protect the intermediate cover from
			 erosion.
(H) Final cover.
Not later than seven days after reaching the
		  approved final elevations of waste placement in a phase, or an alternate
		  schedule approved by the director, the owner or operator shall begin
		  constructing the final cap system by doing either of the following:
(1) By constructing a cap
			 system over the entire phase in accordance with rule 3745-27-08 of the
			 Administrative Code as specified in rule 3745-27-11 of the Administrative
			 Code.
(2) By doing all of the
			 following:
(a) Place transitional cover over the entire phase in accordance
				with rule 3745-27-08 of the Administrative Code.
(b) When the unit in which the phase is located has reached
				approved final elevations of solid waste placement, construct a cap system over
				the entire unit in accordance with rule 3745-27-08 of the Administrative Code
				as specified in rule 3745-27-11 of the Administrative Code.
(c) The owner of operator shall provide written notice to Ohio
				EPA and the approved health department clearly describing all phases and units,
				or portions thereof, where transitional cover will be installed in accordance
				with rule 3745-27-08 of the Administrative Code. The owner of operator shall
				submit the notification prior to the beginning construction of transitional
				cover for a particular phase, or portion thereof. A copy of notice shall be
				placed in the operating record.
(d) After completing construction or transitional cover in a
				particular phase, the owner of operator shall submit a certification report to
				Ohio EPA and the approved health department in accordance with rule 3745-27-08
				of the Administrative Code. The certification report shall be submitted not
				later than the date for the submittal of the next annual operational report
				required pursuant to paragraph (M) of this rule. A copy of the certification
				shall be placed in the operating record.
(e) Notwithstanding any prior notification that transitional
				cover will be installed, the owner or operator may choose to comply with
				paragraph (H)(1) of this rule. The owner or operator shall provide prior notice
				to Ohio EPA and the approved health department of any change from a previously
				submitted notification.
[Comment: Use of the transitional cover,
				formerly known as interim final cover, as specified in paragraph (H)(2) of this
				rule may increase the closure cost estimate since that final cap system may not
				be installed over large areas of a facility until near the end of the
				facility's life. Rule 3745-27-15 of the Administrative Code requires the
				owner or operator to prepare cost estimates which reflect the cost of closure
				activities at a point when closure of the sanitary landfill facility would be
				most expensive and which assumes closure is performed by a third party.
				Paragraph (M)(6) of this rule requires the owner or operator to at least
				annually update the closure cost estimate and submit the revised estimate with
				the annual operational report. Finally, rule 3745-27-15 of the Administrative
				Code mandates that when the current closure cost estimate increases the owner
				or operator must increase the dollar amount of the financial assurance
				mechanism.]
(I) Scales.
The owner or operator of a sanitary landfill
		  facility, with an authorized maximum daily waste receipt greater than two
		  hundred tons per day, shall use scales as the sole means of determining gate
		  receipts. All scales shall be inspected, tested, and approved by the county
		  auditor or city sealer having jurisdiction where the scale is located and shall
		  meet the specifications, tolerances, and regulatory requirements of section
		  1327.49 of the Revised Code. This paragraph shall not apply to a sanitary
		  landfill facility owned by the generator that exclusively disposes of waste
		  generated at premises owned by the generator.
(J) Surface water
		  management.
(1) The owner or operator
			 shall ensure that surface water at a sanitary landfill facility is diverted
			 from areas where solid waste is being, or has been, deposited. The owner or
			 operator shall ensure that a sanitary landfill facility is designed,
			 constructed, maintained, and provided with surface water control structures
			 that control run-on and runoff of surface water. These surface water control
			 structures shall ensure minimal erosion and infiltration of water through the
			 cover material and cap system. These surface water control structures shall be
			 designed in accordance with rule 3745-27-08 of the Administrative
			 Code.
(2) The design of any
			 surface water control structures shall be placed in the operating record in
			 accordance with rule 3745-27-09 of the Administrative Code.
(3) If ponding or erosion
			 occurs on areas of the sanitary landfill facility where waste is being, or has
			 been, deposited, the owner or operator shall undertake actions as necessary to
			 correct the conditions causing the ponding or erosion.
(4) If a substantial
			 threat of surface water pollution exists, the director or health commissioner
			 may require the owner or operator to monitor the surface water.
(K) Leachate management.
(1) If a leachate
			 outbreak occurs at the sanitary landfill facility, the owner or operator shall
			 repair all outbreaks and do the following:
(a) Contain and properly manage the leachate at the sanitary
				landfill facility.
(b) If necessary, collect and dispose of the leachate in
				accordance with paragraphs (K)(5) and (K)(6) of this rule.
(c) Take action to minimize, control, or eliminate the conditions
				which contribute to the production of leachate.
(2) The owner or operator
			 shall maintain at least one lift station back-up pump at the sanitary landfill
			 facility at all times.
(3) The owner or operator
			 shall visually or physically inspect the collection pipe network of the
			 leachate management system after placement of the initial lift of waste to
			 ensure that crushing has not occurred and shall inspect the collection pipe
			 network annually thereafter to ensure that clogging has not
			 occurred.
(4) If authorized in
			 writing by the director, the owner or operator may temporarily store leachate
			 within the limits of waste placement until the leachate can be treated and
			 disposed as outlined in the leachate contingency plan as required in paragraph
			 (K)(6) of this rule.
(5) The owner or operator
			 shall treat and dispose of collected leachate in accordance with Chapter 6111.
			 of the Revised Code and with one of the following:
(a) Treat and dispose of collected leachate on site at the
				sanitary landfill facility.
(b) Pretreat collected leachate on-site and dispose of collected
				leachate off-site of the sanitary landfill facility.
(c) Treat and dispose of collected leachate off-site of the
				sanitary landfill facility.
(6)  The owner or
			 operator shall prepare a contingency plan for the storage and disposal of
			 leachate and place a copy in the operating record. The plan shall describe 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 (K)(5) of this
			 rule.
(7) If a substantial
			 threat of water pollution exists from the leachate entering surface waters, the
			 director or health commissioner may require the owner or operator to monitor
			 the surface water.
(L) PCB and hazardous waste prevention
		  and detection program.
By June 1, 1994, the owner or operator shall
		  implement a written program at the sanitary landfill facility with procedures
		  that are sufficient to detect and prevent the disposal of regulated hazardous
		  wastes as defined in rule 3745-51-03 of the Administrative Code and
		  polychlorinated biphenyls (PCB) wastes as defined in 40 CFR Part 761 (July 1,
		  2007) (http://www.gpo.gov/fdsys). The owner or operator shall place the
		  "PCB and hazardous waste prevention and detection program,"
		  inspection records, generator certifications, waste screening information, and
		  notifications required by this rule into the operating record in accordance
		  with rule 3745-27-09 of the Administrative Code. The "PCB and hazardous
		  waste prevention and detection program" shall at a minimum include the
		  following elements:
(1) Detection program.
			 The owner or operator shall implement a written detection program for the
			 detection PCB or hazardous wastes prior to disposal. The detection program
			 shall consist of at least one of the following:
(a) A "random inspection program." The owner or
				operator shall randomly inspect incoming loads at the sanitary landfill
				facility as follows:
(i) Incoming loads shall
				  be randomly selected by means of a random numbers table or other equivalent
				  method prior to the start of the business day.
(ii) The frequency of
				  inspections shall be sufficient to ensure that incoming loads do not contain
				  regulated PCB or hazardous wastes, but shall not be less than one inspection
				  per fifty incoming loads.
(iii) The owner or
				  operator may exclude from random inspection loads sources exclusively dedicated
				  to waste collection from community operations (i.e. 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).
(b) Pre-acceptance waste screening program. A
				"pre-acceptance waste screening program" shall at a minimum include
				the following:
(i) A description of the
				  type of wastes and type of waste characteristics that require evaluation by the
				  owner or operator prior to acceptance at the sanitary landfill
				  facility.
(ii) A requirement, based
				  on type of waste, that the owner or operator obtain from the generator a
				  written description of the waste, its source, physical and chemical
				  characteristics including analytic data, if available, and certification from
				  the generator that the material does not contain PCB or hazardous
				  wastes.
(iii) A requirement,
				  based on the type of waste, that the owner or operator obtain a representative
				  sample of the waste from the generator and 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 required prior to waste
				  acceptance.
(iv) A description of the
				  procedures and personnel (including professional qualifications) responsible
				  for determining waste acceptance and for documenting a decision on waste
				  acceptance.
(c) Other detection measures, acceptable to the director,
				sufficient to ensure that incoming loads do not contain regulated PCB or
				hazardous wastes.
(2) Procedure upon
			 detection or suspected detection of PCB or hazardous wastes.
(3) Procedure for
			 creating and maintaining records, including inspection records, generator
			 certifications, waste screening documentation, and notifications in accordance
			 with the requirements of rule 3745-27-09 of the Administrative
			 Code.
(4) Procedures for
			 training of sanitary landfill facility personnel for personal safety and to
			 recognize regulated hazardous wastes and PCB wastes.
(5) Procedures for
			 notifying the appropriate Ohio EPA district office and approved health
			 department upon the actual discovery of a regulated hazardous waste or PCB
			 waste at the sanitary landfill facility. The notification procedures shall at a
			 minimum provide the following:
(a) A notification to Ohio EPA and the approved health department
				not later than twenty-four hours by phone, and not later than seven days in
				writing, of the discovery of regulated hazardous wastes or PCB wastes at the
				facility.
(b) The notification shall identify all generators, transporters,
				and brokers of the wastes.
(c) The notification shall indicate whether the waste was
				disposed of at the facility, and if so, where.
(6) Upon the suspected
			 detection of PCB or hazardous wastes, prior to placement of the PCB or
			 hazardous wastes at the working face, the owner or operator shall not place the
			 wastes at the working face and shall manage waste in a manner protective of
			 human health and the environment until confirming that wastes are not PCB or
			 hazardous wastes.
(7) Upon the detection of
			 PCB or hazardous wastes prior to placement of the wastes at the working face,
			 the owner or operator shall not place the wastes at the working face, shall
			 implement the notification procedures in the PCB and hazardous waste prevention
			 and detection program, and shall manage the PCB or hazardous waste in
			 accordance with applicable state and federal laws.
(8) Upon the detection of
			 PCB or hazardous wastes after placement of the wastes at the working face, the
			 owner or operator shall take such actions as are necessary to attain compliance
			 with applicable state and federal laws.
(M) Annual operation report.
The owner or operator of a sanitary landfill
		  facility shall submit an "annual operational report" to the
		  appropriate Ohio EPA district office and approved health department not later
		  than the first day of April of each year. The "Annual Operational
		  Report" shall include at a minimum the following information summarizing
		  the previous calendar year's operations:
(1) A topographic map of
			 all units of the sanitary landfill 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:
(a) The calendar year which the submittal
				represents.
(b) The areal extent of each phase of construction.
(c) The areal extent of closed areas of all units that have a
				final cap system or have transitional cover.
(d) Areas that have intermediate cover.
(e) The current working phase and unit.
(f) The projected phase and unit for filling in the coming
				year.
(g) Access roads and buildings.
(h) On-site borrow areas and cover material
				stockpiles.
(i) A comparison of the actual vertical and horizontal limits of
				emplaced waste to the vertical and horizontal limits of waste placement
				authorized in the applicable authorizing documents, including an approved
				permit to install, plan approval, or operational report. If emplaced waste
				exceeds the limits of vertical and horizontal waste placement authorized in the
				applicable authorizing documents, this comparison shall include a topographic
				map which delineates the areal extent of emplaced waste that exceeds approved
				limits specified in such authorizing documents. In addition, the topographic
				map shall contain notes that indicate the following information for waste
				exceeding authorized limits of waste placement: the maximum estimated volume,
				the maximum depth, and the average depth.
[Comment: The submittal of this information
				does not relieve an owner or operator from complying with applicable
				authorizing documents or correcting violations.]
(2) A summary of the
			 daily logs for the previous year on forms prescribed by the director or
			 alternate forms used pursuant to paragraph (E)(10) of this rule.
(3) An estimate of the
			 remaining sanitary landfill facility life, in years, and in terms of the
			 remaining volume of the sanitary landfill facility to be filled, in cubic
			 yards.
(4) A summary of the
			 quantity of leachate collected for treatment and disposal on a monthly basis
			 during the year, location of leachate treatment and disposal, and verification
			 that the leachate management system is operating in accordance with this
			 rule.
(5) Results of analytical
			 testing of an annual grab sample of leachate for the parameters specified in
			 appendix I to rule 3745-27-10 of the Administrative Code and for
			 polychlorinated biphenyls (PCBs). The grab sample shall be obtained from the
			 leachate management system.
[Comment: If PCBs are detected in leachate that
			 will be discharged directly to or transported and discharged to a wastewater
			 treatment plant, then the owner or operator of the sanitary landfill facility
			 generating the leachate should contact Ohio EPA, division of surface water,
			 prior to discharging the leachate. If the wastewater treatment plant is not
			 affiliated with the landfill facility, then the owner or operator should also
			 contact the receiving wastewater treatment plant prior to discharge. The owner
			 or operator of the sanitary landfill facility should inform Ohio EPA, division
			 of surface water (and the wastewater treatment plant, if applicable) of the
			 presence and concentration of PCBs detected in the leachate. Depending upon the
			 wastewater treatment plant's permitted discharge limit for PCBs, the owner
			 or operator of the sanitary landfill facility may be required to conduct
			 pretreatment of the leachate to remove PCBs prior to discharging to the
			 wastewater treatment plant.]
(6) The most recent
			 updated closure cost estimate, post-closure care cost estimate, and, if
			 applicable, corrective measures cost estimate, adjusted for inflation and for
			 any change in closure cost estimate, post-closure care cost estimate, or
			 corrective measures cost estimate required by rules 3745-27-15, 3745-27-16, and
			 3745-27-18 of the Administrative Code.
(7) A summary of any
			 maintenance performed on the leachate management system, ground water
			 monitoring system, explosive gas monitoring system, and any other monitoring
			 and control system installed at the sanitary landfill facility or performed in
			 response to this rule.
(8) A notarized statement that, to the
			 best of the knowledge of the owner or operator, the information contained in
			 the annual report is true and accurate.
(9) If applicable, a summary of instances
			 recorded in accordance with procedures required in paragraph (O)(2)(a)(v) of
			 this rule in which the owner or operator of a sanitary landfill facility
			 refused acceptance of a vehicle due to the presence of source-separated yard
			 waste or commingled yard waste in the vehicle load.
(N) Ten year design
		  demonstration.
Upon every tenth anniversary of the effective
		  date of the initial permit to install issued to the owner or operator of the
		  sanitary landfill facility pursuant to Chapter 3734. of the Revised Code and
		  each tenth anniversary thereafter, the owner or operator shall submit to Ohio
		  EPA an analysis demonstrating that the design of the unconstructed portions of
		  the sanitary landfill facility continues to be consistent with the design
		  standards established in the current version of rule 3745-27-08 of the
		  Administrative Code. If the director determines that the design is no longer
		  consistent with the standard established in the current version of rule
		  3745-27-08 of the Administrative Code, then the director may require the owner
		  or operator to make the necessary changes to the sanitary landfill facility to
		  bring the facility into compliance with the design standards in the current
		  version of rule 3745-27-08 of the Administrative Code. Since these changes will
		  represent deviations from what is contained in the current authorizing
		  documents, the owner or operator shall obtain the appropriate authorization
		  from Ohio EPA prior to making the changes. If a permit to install application
		  is required, the director shall not apply the criteria outlined in paragraph
		  (H) of rule 3745-27-07 of the Administrative Code, when considering the permit
		  to install application.
[Comment: A deviation may be an alteration, a
		  modification, or an other change depending upon the significance of the
		  deviation. If the deviation represents an alteration, then the owner or
		  operator is required to obtain written concurrence from Ohio EPA prior to
		  making any change to the facility. If the deviation represents a modification,
		  then the owner or operator is required to obtain a permit to install for the
		  modification from Ohio EPA prior to making any change to the facility.]
[Comment: To determine when Ohio EPA does and
		  does not apply siting criteria to the review of an application for a permit to
		  install to modify the facility, see rule 3745-27-07 of the Administrative
		  Code.]
(O) Yard waste management.
[Comment: Application of this rule should be read
		  in conjunction with paragraphs (E)(2)(c) and (E)(8)(f) of this rule. The
		  definitions for "yard waste," "source-separated yard
		  waste," and "commingled yard waste" are located in rule
		  3745-27-01 of the Administrative Code.]
(1) The owner or operator
			 may accept for disposal and dispose of source-separated yard waste at the
			 sanitary landfill facility if any of the following are applicable:
(a) The owner or operator may for a temporary period of time
				accept for disposal and dispose of yard waste resulting from storm damage or
				other natural catastrophe upon the written acknowledgment of the solid waste
				management district of the need for the temporary disposal of yard
				waste.
[Comment: The solid waste management district
				is the local entity responsible for tracking the availability of waste disposal
				and processing capacity. The solid waste management district is therefore the
				appropriate entity to make the determination that locally available yard waste
				management capacity is not sufficient to handle yard waste resulting from storm
				damage or other natural catastrophe.]
(b) The owner or operator may dispose of yard waste resulting
				from the incidental acceptance of yard waste where the yard waste has been
				placed at the working face of the landfill, provided the owner or operator
				complies with paragraph (O)(2) of this rule.
For the purposes of this rule
				"incidental acceptance" of yard waste means a source-separated or
				commingled yard waste is place the working face of the landfill.
(c) The owner of operator may accept a vehicle load of
				source-separated yard waste if that vehicle load has been refused acceptance by
				a composting facility registered or licensed in accordance with Chapter
				3745-560 of the Administrative Code. The owner or operator shall obtain
				documentation of this refused acceptance by a composting facility upon
				acceptance of the vehicle at the sanitary landfill. Such documentation shall
				identify the vehicle, the vehicles' load, the compost facility which
				refused acceptance of the vehicle load, and the date of refusal on a form
				prepared by the director. The owner or operator shall attach any forms received
				to the appropriate daily log of operations required in paragraph (E)(10) of the
				is rule.
(d)  The owner or operator may accept for disposal and dispose of
				tree trunks and stumps.
(2) Yard waste
			 restriction program.
[Comment: The yard waste restriction program
			 outlined in paragraph (O)(2)(a) of this rule consists of procedures to inform
			 persons transporting waste of the yard waste restrictions, alternative yard
			 waste management options, and identification of readily observable dedicated
			 yard waste collection vehicles or loads of source-separated yard waste in order
			 to encourage alternative management of yard waste, direct persons to available
			 yard waste composting facilities, and deter the landfilling of readily
			 observable source-separated yard waste loads. This approach is due to Ohio
			 EPA's position that a sanitary landfill facility's required design,
			 operation, and environmental monitoring provides more than adequate
			 environmental protection.]
In order for the owner or operator to dispose
			 of yard waste resulting from the incidental acceptance of yard waste in
			 accordance with paragraph (O)(1)(b) of this rule, the owner or operator shall
			 do the following:
(a) Implement a written program to ensure that yard waste is not
				accepted for disposal or disposed of at the sanitary landfill facility. The
				program shall at a minimum consist of the following:
(i) Procedures for
				  notifying person transporting waste to the landfill of the yard waste
				  restrictions at the sanitary landfill facility.
(ii) Procedures for
				  distributing information regarding alternative yard waste management methods,
				  such as composting, to persons transporting waste to the landfill facility. At
				  a minimum, information shall include the name, address, and phone number of the
				  solid waste management district in which the sanitary landfill facility is
				  located and a listing of informational pamphlets, brochures, etc., regarding
				  yard waste composting published by Ohio EPA and the solid waste management
				  district in which the sanitary landfill is located.
(iii) Except for a
				  sanitary landfill facility with an on-site licensed or registered compost
				  facility, procedures for distributing information regarding the facility names
				  and locations of Ohio EPA licensed or Ohio EPA registered composting facilities
				  in the county in which the sanitary landfill facility is located to persons
				  transporting waste to the sanitary landfill facility.
(iv) Procedures for
				  identifying vehicles dedicated to yard waste collection or vehicles
				  transporting portable containers and compartments of portable containers
				  dedicated to yard waste collection, or vehicles with loads observed to consist
				  of source-separated yard waste, and for refusal of the load due to the presence
				  of source-separated yard waste.
(v) Procedures for the
				  recording of instances in which the sanitary landfill facility refused
				  acceptance of a vehicle load due to the presence of a source-separated yard
				  waste or commingled yard waste in the vehicle load.
(b) Place the yard waste restriction program document in the
				sanitary landfill facility's operating record in accordance with rule
				3745-27-09 of the Administrative Code.
(c) Yard waste restriction program compliance. The owner or
				operator of a sanitary landfill facility shall review the yard waste
				restriction program and implement such revisions as the owner or operator deems
				necessary to ensure control of the acceptance of yard waste at the sanitary
				landfill facility when either of the following occur:
(i) Upon discovery by the
				  owner or operator that source-separated yard waste has been accepted for
				  disposal at the sanitary landfill facility.
(ii) Upon notification by
				  Ohio EPA or the approved health department that source-separated yard waste has
				  been accepted for disposal at the sanitary landfill facility.
Paragraph (O)(1)(b) of this rule shall not
				  apply unless the owner or operator complies with paragraph (O)(2) of this
				  rule.
[Comment: Chapter 3734. of the Revised Code
				  does not expressly provide Ohio EPA with the statutory authority to regulate
				  transporters of solid waste, which includes the transportation of yard waste.
				  Chapter 3734. of the Revised Code does not expressly provide Ohio EPA with the
				  statutory authority to require generators of solid wastes, which includes yard
				  waste, to source-separate solid waste for delivery to a particular type of
				  solid waste facility or recycling facility. Chapter 3734. of the Revised Code
				  does provide Ohio EPA with authority to establish rules regarding the operation
				  of regulated solid waste facilities. Given these circumstances, it is Ohio
				  EPA's position that the requirement that an owner or operator review and
				  revise the facility's yard waste restriction program upon discovery of the
				  acceptance of yard waste is appropriate to assure improvement in the
				  program's effectiveness.]