(A)
Following completion of final closure activities in
accordance with rule
3745-30-09
of the Administrative Code the
The
post-closure care period begins when the certification required by paragraph
(H) of rule
3745-30-09
of the Administrative Code has been submitted for the industrial landfill or
residual landfill facility. The owner
,
or operator
,
or permittee shall conduct post-closure care activities at the
industrial landfill or residual
waste landfill facility for
a minimum of fifteen years. If putrescible waste was
accepted for disposal, the owner or operator shall conduct post-closure care
activities for a minimum of thirty years.
the
following applicable time period:
(1) Thirty years if the facility is
a class I residual waste landfill.
(2) Twenty years if the facility is
a class II residual waste landfill.
(3) Fifteen years if the facility is
a class III residual waste landfill.
The post-closure care period begins
when the certification required by paragraph (H) of rule
3745-30-09
of the Administrative Code has been submitted for the residual waste landfill
facility.
(B) Any time during the post-closure
period, based on such factors as the inspection or monitoring results required
by paragraphs (C)(4) and (C)(5) of this rule and whether human health or safety
or the environment is or will be protected, or whether a nuisance is or will be
created, the director may do either of the following:
(1) Shorten the post-closure care
period required by paragraph (A) of this rule, if a variance has been requested
pursuant to rule
3745-30-15 of the
Administrative Code and the director finds that the reduced period is
sufficient to protect human health and the environment, based on such factors
as the inspection and monitoring results required by paragraphs (C)(4) and
(C)(5) of this rule.
(2) Extend the post-closure care
period required by paragraph (A) of this rule, if the director finds that the
extended period is necessary to protect human health and the environment, based
on such factors as the inspection and monitoring results required by paragraphs
(C)(4) and (C)(5) of this rule.
[Comment: If the landfill shows an
improvement to leachate quality, the quantity of leachate generated will not
cause an outbreak or slope failure, that ground water monitoring is no longer
needed, that it is not generating explosive gas which has the potential to
migrate underground, and that the cap system will maintain its integrity and
stability if post-closure care activities cease, the director may release the
owner, operator, or permittee from continuing post-closure care
activities.]
(C)
(B) Post-closure care
activities for
all
the industrial landfill or residual
waste landfill
facilities
facility
shall include, but are not limited to the following:
(1) Continuing operation and maintenance of
the leachate management system, the surface
water management system, any explosive gas extraction
and/or
or
control system, any explosive gas monitoring system, and the ground water
monitoring system.
(2) Maintaining
the integrity and effectiveness of the
access
road, cap system,
and stability of the industrial
landfill or residual landfill facility including making repairs to the
cap system as necessary to correct the effects of
slope
failure, settling,
dead vegetation,
subsidence, ponding, erosion, or other events, and preventing run-on and runoff
from eroding or otherwise damaging the
access road
or cap system.
If vegetation covers less than
seventy-five per cent of the cap system, the owner or operator shall reseed and
if appropriate, amend the soil.
(3)
Maintaining the
sign stating that the industrial landfill or residual landfill facility no
longer accepts IMW for two years after final closure activities have been
completed.
(4)
Continuing operation and maintenance of the leachate
management system. In addition, the owner or operator shall do the
following:
(a)
Replace or repair the lift station pump within twenty-four
hours of discontinued operation.
(b)
If leachate
generation suddenly decreases, visually or physically inspect the collection
pipe network of the leachate management system to ensure that clogging has not
occurred.
(c)
Not store leachate within the limits of waste placement
unless authorized in writing by the director.
(d)
If a substantial
threat of water pollution exists from leachate entering surface waters, monitor
the surface water upon orders from the director or health
commissioner.
(3)
(5) Repairing any
leachate outbreaks detected at the
industrial landfill
or residual
waste landfill facility
by doing the following:
(a)
Contain
Containing and properly
manage
managing the
leachate at the
industrial landfill or residual
waste landfill facility.
(b)
If necessary,
collect, treat
Collecting, treating, and
dispose
disposing of the leachate
, including
, if
necessary, following the contingency plan for leachate storage and
disposal prepared pursuant to rule
3745-30-14
of the Administrative Code
, as
necessary.
(c)
Take
Taking
action to minimize, control, or eliminate the conditions
which
that
contribute to the production of leachate.
(4)(6)
Quarterly inspection of the
industrial landfill
or residual
waste landfill facility
during each year of the post-closure care period and submittal of a written
summary to the appropriate Ohio EPA district office
and
approved board of health not later than fifteen days after the inspection
date detailing the results of the inspection and a schedule of any actions to
be taken to maintain compliance with paragraphs
(C)(1), (C)(2), and (C)(3)
(B)(1) to (B)(5) of this rule.
The director may either increase the frequency of
inspections, or, upon the request of the permittee, decrease the frequency of
inspections if the results of past inspections justify either
action.
(5)
(7) Fulfilling all monitoring and reporting
requirements in accordance with rule
3745-30-08
of the Administrative Code for ground water
, and, if
necessary, with
any applicable explosive gas
requirements contained in rule
3745-27-12
of the Administrative Code
for explosive
gas, and with any monitoring required by any orders or authorizing
documents. The post-closure care period may be shortened for explosive gas
monitoring
, as outlined in
accordance with
paragraph (G) of rule
3745-27-12
of the Administrative Code.
(6)
(8) Submitting a
report to the appropriate Ohio EPA district office and approved health
department not later than the first day of April of each year, which contains
the following:
(a) A summary of the quantity
of leachate collected for treatment and disposal on a monthly basis during the
year, and the location of leachate treatment
and/or
or
disposal.
(b) Results of analytical
testing of an annual grab sample of leachate for the parameters specified in
paragraph (A) of rule
3745-30-03
of the Administrative Code. The grab sample shall be obtained from the leachate
management system
at a location before the leachate
exits the limits of waste placement.
(c)
A summary of the
condition and operation of the leachate management system, ground water
monitoring system, explosive gas monitoring system, and any other monitoring
and control system installed at the industrial landfill or residual landfill
facility.
(c)
(d) The most recent updated post-closure
care cost estimate
adjusted for inflation and for any change in the
post-closure cost estimate required by
in
accordance with rule
3745-27-16
of the Administrative Code.
(e)
A statement that, to the best of the knowledge of the
owner or operator, the information contained in the annual report is true and
accurate.
(7)(9)
Records
Retaining of
records and reports generated by paragraphs
(C)(4)
(B)(6) to
(C)(6)
(B)(8)
of this rule
are to be kept for the
duration of the post-closure care period at a location where the records and
reports are available for inspection by Ohio EPA or the approved
board of health
department
or their
authorized representative during normal working hours.
(10)
Maintaining
financial assurance for post-closure care activities, in accordance with rule
3745-27-16
of the Administrative Code.
(D)
(C) Upon completion of
the post-closure care period, the owner
,
or operator
, or
permittee shall submit to
the
director
Ohio EPA written certification
that the
industrial landfill or residual
waste landfill facility has completed
post-closure activities in accordance with this rule and the
"final closure/post-closure plan.
" This certification shall be accompanied by
documentation
which
that demonstrates
that
all
the postclosure care activities have
been completed
. The certification shall
and be signed and sealed by a professional
engineer registered in Ohio.
The documentation shall
include the following:
(1)
A summary of changes to leachate quality and
quantity.
(2)
A summary of any on-going ground water assessment or
corrective measures.
(3)
A summary of explosive gas migration and generation by
the landfill.
(4)
An assessment of the integrity and stability of the cap
system if post-closure care activities cease.
[Comment: If the owner or operator
demonstrates an improvement to leachate quality, that the quantity of leachate
generated will not cause an outbreak or slope failure, that ground water
monitoring is no longer needed, that the facility is not generating explosive
gas which has the potential to migrate through the subsurface, and that the cap
system will maintain its integrity and stability if post-closure care
activities cease, the director may release the owner or operator from
continuing post-closure care activities.]
(D)
The owner or
operator may request to discontinue or revise any of the activities contained
in paragraph (B) of this rule at any time during the post-closure care period
by submitting a performance-based and risk-based demonstration that is based on
such factors as the inspection or monitoring results or reports pursuant to
this rule and whether human health or safety of the environment is or will be
protected. If the director determines that discontinuance or revision of the
postclosure care requirements is unlikely to adversely impact human health,
safety, and the environment, the director may grant the request.
[Comment: A release by the director
from any post-closure care obligations in accordance with this rule does not
relieve the owner or operator from any applicable obligations under Chapter
3704., 3734., or 6111. of the Revised Code or any other state or federal rules
and laws.]
(E) The
board of health
,
commissioner and the director, or
their
an
authorized
representatives
representative, upon proper identification, may enter
any closed
industrial landfill or residual
waste landfill facility at any time during
the post-closure care period for the purpose of determining compliance with
this rule.
Notes
Ohio Admin. Code
3745-30-10
Effective:
5/28/2021
Five Year Review (FYR) Dates:
11/5/2020 and
05/28/2026
Promulgated
Under:
119.03
Statutory Authority:
3734.02,
3734.12
Rule Amplifies:
3734.02,
3734.12
Prior Effective Dates: 01/13/1992, 08/15/2003,
05/18/2015
