Ohio Admin. Code 3745-27-20 - Prohibitions and closure
(A) Prohibitions.
(1) After June 1, 1994, no owner or operator
shall place municipal solid waste in any unfilled areas of an existing unit of
a sanitary landfill facility unless the unfilled areas are, at a minimum,
provided with an interim composite liner/leachate collection system in
accordance with paragraph (B) of rule
3745-27-08 of the Administrative
Code. The owner or operator shall place a copy of the design for the interim
composite liner / leachate collection system into
the operating record in accordance with rule
3745-27-09 of the Administrative
Code.
[Comment: Paragraph (C) of rule
3745-27-19 of the Administrative
Code, requires strict compliance with the applicable authorizing
document(s)
document(s)
(2) After June 1, 1994, no owner or operator
shall place municipal solid waste in any new unit of sanitary landfill that is
not, at a minimum, provided with an interim composite liner/leachate
collection system in accordance with paragraph (B) of rule
3745-27-08 of the Administrative
Code. The owner or operator shall place a copy of the design for the interim
composite liner / leachate collection system into
the operating record in accordance with rule
3745-27-09 of the Administrative
Code.
[Comment: Paragraph (C) of rule
3745-27-19 of the Administrative
Code, requires strict compliance with the applicable authorizing
document(s)
document(s)
(3) After June 1, 1994, no owner or operator
shall place municipal solid waste in any new unit(s)
units unless
the owner or operator has demonstrated compliance with all of the following
location restrictions and placed a copy of the demonstration into the operating
record of the sanitary landfill facility in accordance with rule
3745-27-09 of the Administrative
Code:
(a) Paragraph (C)(1) of this rule
(airports).
(b) Paragraph (C)(2) of
this rule (floodplains).
(c)
Paragraph (C)(3) of this rule (fault areas).
(d) Paragraph (C)(4) of this rule (seismic
impact zone).
(e) Paragraph (C)(5)
of this rule (unstable areas).
(4) After June 1, 1994, no owner or operator
shall construct or operate new unit(s)
units or unfilled areas of an existing unit of a
sanitary landfill facility such that the construction or operation occurs in a
wetland, unless the owner or operator has obtained any necessary permits and
approvals required pursuant to sections 401 and/or
or 404 of the
Clean Water Act (July 1, 2005
11, 2006 ) (33 United States Code section
1341 and
1344).
The "Clean Water Act" can be found at
https://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=
USCODE.
(B)
Existing unit closure for failure to demonstrate compliance with location
restrictions.
(1) The owner or operator of an
existing unit of sanitary landfill facility must complete closure activities
pursuant to rule
3745-27-11 of the Administrative
Code by October 9, 1996, if the owner or operator cannot demonstrate compliance
with all of the following location restrictions:
(a) Paragraph (C)(1) of this rule
(airports).
(b) Paragraph (C)(2) of
this rule (floodplains).
(c)
Paragraph (C)(5) of this rule (unstable areas).
The owner or operator shall place a copy of the demonstrations into the operating record in accordance with rule 3745-27-09 of the Administrative Code.
(2) The
director may extend the deadline for closure for up to two years if the owner
or operator of the existing unit demonstrates both of the following:
(a) There is no available regional disposal
capacity and closure of the sanitary landfill would cause a local disposal
capacity crisis.
(b) There is no
immediate threat to human health and the environment. In determining whether
there is a threat to human health and the environment from the continued
operation of the existing unit the director may consider, but is not limited to, the following:
(i) The impact of the existing unit on ground
water including the results and status of detection monitoring, assessment
monitoring, or corrective measures programs.
(ii) Operations at the existing unit
including compliance with daily, intermediate, and final cover requirements and
leachate management.
(C) Location restriction demonstrations.
(1) The limits of solid waste placement of
the sanitary landfill facility are not located within ten thousand feet (three
thousand forty-eight meters) of any airport runway end used by turbojet
aircraft or within five thousand feet (one thousand five hundred twenty-four
meters) of any airport runway end used by only piston-type aircraft, unless the
owner or operator can demonstrate that the sanitary landfill facility will be
so designed and operated that the sanitary landfill facility will not pose a
"bird hazard" to aircraft as that
term is defined in rule 3745-27-01 of the Administrative Code.
[Comment: "Airport" is defined in
rule 3745-27-01 of the Administrative Code.]
(2) The limits of solid waste placement of
the sanitary landfill facility are not located in a "regulatory floodplain"
as that term is defined in rule 3745-27-01 of the
Administrative Code, unless the owner or operator can demonstrate that
the unit(s)
units of the sanitary landfill facility will not
restrict the flow of the one hundred year flood, reduce the temporary water
storage capacity of the floodplain, or result in washout of solid waste so as
to pose a hazard to human health and the environment.
(3) The sanitary landfill facility is not
located within two hundred feet of a fault that has had displacement in
Holocene time unless the owner or operator can demonstrate that a distance less
than two hundred feet will prevent damage to the structural integrity of the
sanitary landfill facility and will be protective of human health and the
environment. For the purposes of this rule, "fault," "displacement," and
"Holocene" have the following meanings:
(a)
"Fault" means a fracture along which strata on one side of the fracture have
been displaced with respect to strata on the other side of the
fracture.
(b) "Displacement" means
the relative movement of any two sides of a fault measured in any
direction.
(c) "Holocene" means the
most recent epoch of the Quaternary period extending from the end of the
Pleistocene to the present.
(4) The sanitary landfill facility is not
located in a "seismic impact zone" as that term is defined in rule 3745-27-01 of the
Administrative Code, unless the owner or operator demonstrates that
all containment structures, including liners, leachate collections systems,
sedimentation ponds, and surface water control systems, are designed to resist
the maximum horizontal acceleration in lithified earth material for the
site.
(5) The sanitary landfill
facility is not located in an "unstable
area" as that term is defined in rule 3745-27-01 of
the Administrative Code, unless the owner or operator demonstrates
that engineering measures have been incorporated into the design of the
sanitary landfill facility to ensure that the integrity of the structural
components will not be disrupted; except, that for an area of potential
subsidence resulting from underground mining, the demonstration must show that
the voids are filled or removed if the sanitary landfill facility is located
above an underground mine or within the angle of draw of an underground mine.
All of the following factors shall be considered when determining whether an
area is unstable:
(a) On-site or local soil
type and hydraulic conditions.
(b)
On site or local geologic or geomorphologic features.
(c) On site or local human-made features
(both surface and subsurface).
(d)
On site or local events (both surface and subsurface).
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02
Rule Amplifies: 3734.02
Prior Effective Dates: 6/01/1994, 3/01/2006
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