[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, test methods, federal rules, and federal statutory provisions
referenced in this rule, see rule
3745-500-03
of the Administrative Code titled "Incorporation by reference."]
(A)
Upon approval by
the permitting authority, the owner or operator may use an alternative
construction material if the alternative construction material undergoes an
evaluation in accordance with this rule prior to use to construct the
facility.
[Comment: This rule requires approval
prior to use of the alternative construction material; therefore, a
construction certification report cannot include a request for approval of an
alternative construction material.] [Comment: As defined and instructed by the
applicable program chapter, if use of the alternative construction material
meets the definition of an alteration, the owner or operator shall also submit
an alteration request (the alternative construction material evaluation may be
included in the alteration request). If use of the alternative construction
material meets the definition of a modification, the owner or operator shall
also submit a permit to install application (the alternative construction
material evaluation may be included in the permit to install
application).]
(B)
The alternative construction material evaluation shall
be signed and sealed by a professional engineer and include the
following:
(1)
A narrative section that identifies the alternative construction material and
the engineering component for which the alternative material will be
used.
(2)
A demonstration that the alternative construction
material meets the approval requirements established in paragraph (E) of this
rule, as applicable.
(C)
The approval for
use of an alternative construction material is valid only for the area
identified in the alternative construction material request. If the alternative
construction material is to be used in additional areas, the owner or operator
shall submit another evaluation under this rule.
(D)
Approval to use
an alternative construction material does not relieve the owner or operator
from complying with requirements established by this chapter and any
specification in the authorizing document.
(E)
The permitting
authority shall not approve use of an alternative construction material unless
the permitting authority determines the following:
(1)
The alternative
construction material is not a solid waste. This paragraph does not apply to
the leachate collection system granular drainage layer.
(2)
Use of the
alternative construction material does not interfere with the ability of the
owner or operator to do the following:
(a)
Construct,
operate, close, and maintain during the post-closure care period the facility
in compliance with Chapters 3704., 3714., 3734., and 6111. of the Revised Code
or rules promulgated thereunder and with authorizing documents.
(b)
Conduct
corrective actions presently being taken or that are proposed to be taken at
the facility or in the immediate area including but not limited to fire, gas,
odors, or ground water corrective actions.
(c)
Monitor the
impact of the facility on the environment.
(3)
The owner or
operator has demonstrated the ability or is otherwise capable of using the
alternative construction material.
(4)
For conveyance
pipes in the leachate management system of a solid waste transfer facility, the
alternative construction material and joints shall be capable of not leaking
under anticipated pressures.
Notes
Ohio Admin. Code 3745-512-17
Effective:
4/1/2017
Five Year Review (FYR) Dates:
04/01/2022
Promulgated
Under: 119.03
Statutory
Authority: 3734.02
Rule
Amplifies: 3734.02
