(A) A surface impoundment that is not covered
by paragraph (C) of this rule or rule
3745-67-21
of the Administrative Code must have a liner for all portions of the
impoundment(except for existing portions of such impoundments). The liner must
be designed, constructed, and installed to prevent any migration of wastes out
of the impoundment to the adjacent subsurface soil or ground water or surface
water at any time during the active life (including the closure period) of the
impoundment. The liner may be constructed of materials that allow wastes to
migrate into the liner (but not into the adjacent subsurface soil or ground
water or surface water) during the active life of the facility, provided that
the impoundment is closed in accordance with paragraph (A)(1) of rule
3745-56-28
of the Administrative Code. For impoundments that will be closed in accordance
with paragraph (A)(2) of rule
3745-56-28
of the Administrative Code, the liner must be constructed of materials that can
prevent wastes from migrating into the liner during the active life of the
facility. The liner must be:
(1) Constructed
of materials that have appropriate chemical properties and sufficient strength
and thickness to prevent failure due to pressure gradients (including static
head and external hydrogeologic forces), physical contact with the waste or
leachate to which they are exposed, climatic conditions, the stress of
installation, and the stress of daily operation; and
(2) Placed upon a foundation or base capable
of providing support to the liner and resistance to pressure gradients above
and below the liner to prevent failure of the liner due to settlement,
compression, or uplift; and
(3)
Installed to cover all surrounding earth likely to be in contact with the waste
or leachate.
(B) The
owner or operator will be exempted from the requirements of paragraph (A) of
this rule if the director finds, based on a demonstration by the owner or
operator, that alternate design and operating practices, together with location
characteristics, will prevent the migration of any hazardous constituents (see
rule
3745-54-93
of the Administrative Code) into the ground water or surface water at any
future time. In deciding whether to grant an exemption, the director will
consider:
(1) The nature and quantity of the
wastes; and
(2) The proposed
alternate design and operation; and
(3) The hydrogeologic setting of the
facility, including the attenuative capacity and thickness of the liners and
soils present between the impoundment and ground water or surface water; and
(4) All other factors which would
influence the quality and mobility of the leachate produced and the potential
for it to migrate to ground water or surface water.
(C) The owner or operator of each new surface
impoundment unit on which construction commences after January 29, 1992, each
lateral expansion of a surface impoundment unit on which construction commences
after July 29, 1992 and each replacement of an existing surface impoundment
unit that is to commence reuse after July 29, 1992 must install two or more
liners and a leachate collection and removal system between such liners.
"Construction commences" is as defined in rule
3745-50-10
of the Administrative Code under"existing facility".
(1)
(a) The
liner system must include:
(i) A top liner
designed and constructed of materials (e.g., a geomembrane) to prevent the
migration of hazardous constituents into such liner during the active life and
post-closure care period; and
(ii)
A composite bottom liner, consisting of at least two components. The upper
component must be designed and constructed of materials (e.g., a geomembrane)
to prevent the migration of hazardous constituents into this component during
the active life and post-closure care period. The lower component must be
designed and constructed of materials to minimize the migration of hazardous
constituents if a breach in the upper component were to occur. The lower
component must be constructed of at least three feet ( 91.0 centimeters) of
compacted soil material with a hydraulic conductivity of no more than 1 x 10-7
centimeters per second.
(b) The liners must comply with paragraphs
(A)(1), (A)(2), and (A)(3) of this rule.
(2) The leachate collection and removal
system between the liners, and immediately above the bottom composite liner in
the case of multiple leachate collection and removal systems, is also a leak
detection system. This leak detection system must be capable of detecting,
collecting, and removing leaks of hazardous constituents at the earliest
practicable time through all areas of the top liner likely to be exposed to
waste or leachate during the active life and post-closure care period. The
requirements for a leak detection system in this paragraph are satisfied by
installation of a system that is, at a minimum:
(a) Constructed with a bottom slope of one
percent
per
cent or more;
(b) Constructed
of granular drainage materials with a hydraulic conductivity of 1 x 10-1
centimeters per second or more and a thickness of twelve inches ( 30.5
centimeters) or more; or constructed of synthetic or geonet drainage materials
with a transmissivity of 3 x 10-4 meters squared per second or more;
(c) Constructed of materials that are
chemically resistant to the waste managed in the surface impoundment and the
leachate expected to be generated, and of sufficient strength and thickness to
prevent collapse under the pressures exerted by overlying wastes and any waste
cover materials or equipment used at the surface impoundment;
(d) Designed and operated to minimize
clogging during the active life and post-closure care period; and
(e) Constructed with sumps and liquid removal
methods (e.g., pumps) of sufficient size to collect and remove liquids from the
sump and prevent liquids from backing up into the drainage layer. Each unit
must have its own sump(s). The design of each sump and removal system must
provide a method for measuring and recording the volume of liquids present in
the sump and of liquids removed.
(3) The owner or operator must collect and
remove pumpable liquids in the sumps to minimize the head on the bottom liner.
(4) The owner or operator of a
leak detection system that is not located completely above the seasonal high
water table must demonstrate that the operation of the leak detection system
will not be adversely affected by the presence of ground water.
(D) The director may approve
alternative design or operating practices to those specified in paragraph (C)
of this rule if the owner or operator demonstrates to the director that such
design and operating practices, together with location characteristics:
(1) Will prevent the migration of any
hazardous constituent into the ground water or surface water at least as
effectively as the liners and leachate collection and removal system specified
in paragraph (C) of this rule; and
(2) Will allow detection of leaks of
hazardous constituents through the top liner at least as effectively.
(E) The double liner
requirement set forth in paragraph (C) of this rule may be waived by the
director for any monofill, if:
(1) The
monofill contains only hazardous wastes from foundry furnace emission controls
or metal casting molding sand, and such wastes do not contain constituents
which would render the wastes hazardous for reasons other than the toxicity
characteristics
characteristic in rule
3745-51-24
of the Administrative Code; and
(2)
(a)
(i) The
monofill has at least one liner for which there is no evidence that such liner
is leaking. For the purposes of this paragraph, the term "liner" means a liner
designed, constructed, installed, and operated to prevent hazardous waste from
passing into the liner at any time during the active life of the facility, or a
liner designed, constructed, installed, and operated to prevent hazardous waste
from migrating beyond the liner to adjacent subsurface soil, ground water, or
surface water at any time during the active life of the facility. In the case
of any surface impoundment which has been exempted from the requirements of
paragraph (C) of this rule on the basis of a liner designed, constructed,
installed, and operated to prevent hazardous waste from passing beyond the
liner, at the closure of such impoundment, the owner or operator must remove or
decontaminate all waste residues, all contaminated liner material, and
contaminated soil to the extent practicable. If all contaminated soil is not
removed or decontaminated, the owner or operator of such impoundment will
comply with appropriate post-closure requirements, including but not limited to
ground water monitoring and corrective action;
(ii) The monofill is located more than
one-quarter mile from an "underground source of drinking water" (as that term
is defined in rule
3745-34-01
3745-50-10 of the Administrative Code); and
(iii) The monofill is in compliance with
generally applicable ground water monitoring requirements for facilities with
Ohio hazardous waste permits; or
(b) The owner or operator demonstrates that
the monofill is located, designed and operated so as to assure that there will
be no migration of any hazardous constituent into ground water or surface water
at any future time.
(F) The owner or operator of any replacement
surface impoundment unit is exempt from paragraph (C) of this rule if:
(1) The existing unit was constructed in
compliance with the design standards of
sections
Section 3004
(o)(1)(A)(i) and
Section (o)(5) of the Resource
Conservation and Recovery Act; and
(2) There is no reason to believe that the
liner is not functioning as designed.
(G) A surface impoundment must be designed,
constructed, maintained, and operated to prevent:
(1) Overtopping resulting from normal or
abnormal operations;
(2)
Overfilling;
(3) Wind and wave
action;
(4) Rainfall;
(5) Run-on;
(6) Malfunctions of level controllers,
alarms, and other equipment; and
(7) Human error.
(H) A surface impoundment must have dikes
that are designed, constructed, and maintained with sufficient structural
integrity to prevent massive failure of the dikes. In ensuring structural
integrity, it must not be presumed that the liner system will function without
leakage during the active life of the unit.
(I) The director will specify in the permit
all design and operating practices that are necessary to ensure that the
requirements of this rule are satisfied.
[Comment: For dates of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see rule
3745-50-11oftheAdministrativeCodetitled"Incorporated by reference."]
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11
of the Administrative Code titled"Incorporated by reference."]