(A) 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
the liners, and operate the leachate
collection and removal system
, in
accordance with paragraph (C) of rule
3745-56-21
of the Administrative Code, unless exempted under paragraph (D), (E), or (F) of
rule
3745-56-21
of the Administrative Code.
"Construction commences" is
as defined in rule
3745-50-10
of the Administrative Code under"existing facility."
(B) The owner or operator of each unit
referred to in paragraph (A) of this rule must notify the director at least
sixty days prior to receiving waste. The owner or operator of each facility
submitting notice must file a "Part B" application within six months of the
receipt of such notice.
(C) The
owner or operator of any replacement surface impoundment unit is exempt from
paragraph (A) of this rule if:
(1) The
existing unit was constructed in compliance with the design standards of
Sections 3004(o)(1)(A)(i) and
3004(o)(5) of RCRA;
and
(2) There is no reason to
believe that the liner is not functioning as designed.
(D) The double liner requirement set forth in
paragraph (A) 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 characteristic in rule
3745-51-24
of the Administrative Code, with EPA hazardous waste numbers D004 to DO17; 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 paragraphs (D) to (D)(2)(b) of this rule, 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 (A) 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 must 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
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.
(E) In the case of any
unit in which the liner and leachate collection system has been installed
pursuant to the requirements of paragraph (A) of this rule and in good faith
compliance with paragraph (A) of this rule and with guidance documents
governing liners and leachate collection systems under paragraph (A) of this
rule, no liner or leachate collection system which is different from that which
was so installed pursuant to paragraph (A) of this rule will be required for
such unit by the director when issuing the first permit to such facility,
except that the director will not be precluded from requiring installation of a
new liner when the director has reason to believe that any liner installed
pursuant to the requirements of paragraph (A) of this rule is leaking.
(F) A surface impoundment must
maintain enough freeboard to prevent any overtopping of the dike by
overfilling, wave action, or a storm. Except as provided in paragraph (B) of
this rule, there must be at least sixty centimeters (two feet) of freeboard.
(G) A freeboard level less than
sixty centimeters (two feet) may be maintained if the owner or operator obtains
certification by a qualified engineer that alternate design features or
operating plans will, to the best of his knowledge and opinion, prevent
overtopping of the dike. The certification, along with a written identification
of alternate design features or operating plans preventing overtopping, must be
maintained at the facility.
(H)
Surface impoundments that are newly subject to RCRA
section
Section
3005(j)(l) due to the promulgation of additional listings or characteristics
for the identification of hazardous waste must be in compliance with paragraphs
(A), (C), and (D) of this rule not later than forty-eight months after the
promulgation of the additional listing or characteristic. This compliance
period must not be cut short as a result of the promulgation of land disposal
restrictions under Chapter 3745-270 of the Administrative Code or the granting
of an extension to the effective date of a prohibition pursuant to rule
3745-270-05
of the Administrative Code within this forty-eight month period.
(I) All earthen dikes must have a protective
cover, such as grass, shale, or rock, to minimize wind and water erosion and to
preserve their structural integrity.
[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."]