(A) The owner or operator of a sanitary
landfill facility which may be deemed a residual waste landfill facility in
accordance with paragraph (C) of rule
3745-30-01 of the Administrative
Code may obtain authorization from the director in accordance with paragraph
(C) of rule
3745-30-02 of the Administrative
Code to comply with Chapter 3745-30 of the Administrative Code in lieu of
Chapter 3745-27 of the Administrative Code. Upon receiving authorization from
the director in accordance with paragraph (C) of rule
3745-30-02 of the Administrative
Code, the owner or operator shall comply with the requirements of Chapter
3745-30 of the Administrative Code, except that the owner or operator shall
continue to comply with all applicable authorizing
document(s)
documents,
including a plan approval, operational report, or approved permit to install
for the sanitary landfill facility, and the current operating license for the
sanitary landfill facility until such time as the owner or operator obtains the
necessary approvals to change these requirements.
(B) The owner or operator of a sanitary
landfill facility which may be deemed an industrial solid waste landfill
facility in accordance with paragraph (B) of rule
3745-29-01 of the Administrative
Code may comply with Chapter 3745-29inlieu of Chapter 3745-27 of the
Administrative Code if all of the following apply:
(1) The sanitary landfill facility may be
defined as an "industrial solid waste landfill facility" as that term is
defined in rule
3745-29-01 of the Administrative
Code.
(2) The sanitary landfill
facility has not been or cannot be deemed a residual waste landfill facility in
accordance with paragraph (C) of rule
3745-30-02 of the Administrative
Code.
(3) The director has received
a complete notification in accordance with paragraph (C) of rule
3745-29-02 of the Administrative
Code.
Upon receipt by the director of a complete notification and
certification in accordance with paragraph (C) of rule
3745-29-02 of the Administrative
Code, the owner or operator shall comply with the requirements of Chapter
3745-29 of the Administrative Code, except that the owner or operator shall
continue to comply with all applicable authorizing document(s)
documents,
including a plan approval, operational report, or approved permit to install
for the sanitary landfill facility, and the current operating license for the
sanitary landfill facility until such time as the owner or operator obtains the
necessary approvals to change these requirements.
(C) A sanitary landfill which exclusively
disposes of processed scrap tires in a monofill or monocell is subject to
the requirements in rules
3745-27-60 to
3745-27-75 of the Administrative
Code.
(D) A sanitary landfill facility
which does not receive municipal solid waste on or after June 1, 1994 is not
subject to any of the following requirements:
(1) Paragraphs (B) and (C)(15) of
rule 3745-27-08 of the Administrative Code. In lieu of cap system requirements
specified in paragraph (C)(15) of rule 3745-27-08 of the Administrative Code,
the owner or operator shall comply with paragraph (C)(16) of rule 3745-27-08 of
the Administrative Code.
(2) Paragraph (G) of rule 3745-27-11
of the Administrative Code, insofar as it requires compliance with the cap
system requirements of paragraph (C)(15) of rule 3745-27-08 of the
Administrative Code.
(3) Paragraph (C) of rule 3745-27-19
of the Administrative Code, insofar as it requires compliance with the interim
composite liner/leachate collection system requirements of paragraph (B) of
rule 3745-27-08 of the Administrative Code.
(4) Rule 3745-27-20 of the
Administrative Code.
(E)
(D) For the purposes
of
Chapters 3745-27
this chapter and
Chapter
3745-30 of the Administrative Code, the determination of whether spent foundry
sand, fly ash, or bottom ash, excluding fly ash and bottom ash produced by a
solid waste disposal facility or infectious waste treatment facility, is
nontoxic shall be determined by the Ohio environmental protection
agency.
Notes
Ohio Admin. Code 3745-27-04
Effective:
1/1/2017
Five Year Review (FYR) Dates:
08/01/2016 and
01/01/2022
Promulgated
Under: 119.03
Statutory
Authority: 3734.02
Rule
Amplifies: 3734.02
Prior
Effective Dates: 7/29/1976, 1/13/1992, 6/1/1994, 3/1/1996,
11/30/2002