(A) The owner or operator of each
new landfill unit on which construction commences after January 29, 1992, each
lateral expansion of a landfill unit on which construction commences after July
29, 1992, and each replacement of an existing landfill unit that is to commence
reuse after July 29, 1992 must install two or more liners and a leachate
collection and removal system above and between such liners, and operate the
leachate collection and removal systems, in accordance with paragraph (D), (E),
or (F) of this rule. "Construction commences" is as defined in rule
3745-50-10oftheAdministrativeCodeunder"existing facility".
(A)
The owner or
operator of each new landfill unit, each lateral expansion of a landfill unit,
and each replacement of an existing landfill unit must install two or more
liners and a leachate collection and removal system above and between the
liners, and operate the leachate collection and removal systems in accordance
with paragraph (C) of rule
3745-57-03
of the Administrative Code, unless exempted under paragraph (D), (E), or (F) of
rule
3745-57-03
of the Administrative Code.
(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
after the
receipt of such notice.
(C) The
owner or operator of any replacement landfill unit is exempt from paragraph (A)
of this rule if:
(1) The existing unit was
constructed in compliance with the design standards of
sections
Sections 3004(o)(l)(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 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
waste does
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 D017; and
(2)
(a)
(i) The
monofill has at least one liner for which there is no evidence that such liner
is leaking;
(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 under
section
Section 3005(c) of RCRA; 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) The owner or operator must design,
construct, operate, and maintain a run-on control system capable of preventing
flow onto the active portion of the landfill during peak discharge from at
least a twenty-five-year storm.
(G)
The owner or operator must design, construct, operate and maintain a run-off
management system to collect and control at least the water volume resulting
from a twenty-four-hour, twenty-five-year storm.
(H) Collection and holding facilities (e.g.,
tanks or basins) associated with run-on and run-off control systems must be
emptied or otherwise managed expeditiously after storms to maintain design
capacity of the system.
(I) The
owner or operator of a landfill containing hazardous waste which is subject to
dispersal by wind must cover or otherwise manage the landfill so that wind
dispersal of the hazardous waste is controlled.
[Comment: As required by rule
3745-65-13oftheAdministrativeCode, the waste analysis plan must include
analyses needed to comply with rules
3745-68-12,
3745-68-13,
and 3745-68-14oftheAdministrativeCode.Asrequired by rule
3745-65-73oftheAdministrativeCode, the owner or operator must place the results
of these analyses in the operating record of the facility.]
[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 1: As required by rule
3745-65-13
of the Administrative Code, the waste analysis plan must include analyses
needed to comply with rules
3745-68-12,
3745-68-13,
and
3745-68-14
of the Administrative Code. As required by rule
3745-65-73 of
the Administrative Code, the owner or operator must place the results of these
analyses in the operating record of the facility.]
[Comment 2: 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."]