Current through all regulations passed and filed through March 18, 2024
(A) General criteria. The director shall not
approve a
permit to install application for an industrial
landfill or a residual landfill
facility unless the director determines the following:
(1) Establishment
or modification and operation of the industrial
landfill or residual landfill
facility will not violate Chapter 3704., 3734., or 6111. of the Revised
Code.
(2) The
industrial landfill or residual
landfill facility will be
capable of being constructed, operated, closed, and maintained during the
post-closure care period in accordance with this
chapter, and with the terms and conditions of the permit.
(3) The applicant or
person listed as
owner and operator if the owner and operator are not the applicant, who has
been or is currently responsible for the management or operation of one or more
solid waste facilities, has managed or operated such facility in substantial
compliance with applicable provisions of Chapters 3704.,
3714., 3734., and 6111. of the Revised Code and any rules, permits or other authorizations
issued thereunder, and has maintained substantial compliance with all applicable orders
issued by the director, the environmental review appeals commission, or courts
having jurisdiction in accordance with Chapter 3746-13 of the Administrative
Code, in the course of such previous or current management or operations. The
director may take into consideration whether substantial compliance has been
maintained with any applicable order from the licensing
authority and any other courts having jurisdiction.
(4) The applicant meets
the requirements of sections
3734.40
to
3734.44
of the Revised Code and rules adopted thereunder.
(5)
Disposal of
secondary aluminum waste will occur only in a monocell or monofill that has
been permitted for that purpose.
(B) Discretionary criteria. The director may
consider, when determining whether or not to approve a permit to install
application for the industrial landfill or
residual landfill facility, the
following:
(1) The impact the
establishment or modification of the industrial landfill or
residual landfill
facility may have on corrective actions that have been taken, are presently
being taken, or are proposed to be taken at the facility or in the immediate
area.
(2) The technical ability of
the owner or operator to adequately monitor the impact of the
industrial landfill or residual
landfill facility on the
environment.
(C) Design criteria. The director shall not
approve a permit to install application unless the director determines that the
application conforms to the appropriate paragraphs
of rule
3745-30-07
of the Administrative Code as follows:
(1) New
industrial landfill or residual
landfill facilities and lateral
expansion areas shall comply with paragraphs (B) to
(E) of rule
3745-30-07
of the Administrative Code.
(2)
At a
minimum, a vertical expansion over the industrial
landfill or residual landfill facility shall comply with paragraphs (D)(4) to (D)
(7) (as applicable to the cap system), and paragraphs (D)(9) to
(D)(20) of rule
3745-30-07
of the Administrative Code. A vertical expansion below the industrial landfill or residual
landfill facility shall comply
with paragraphs (B) to (E) of rule
3745-30-07
of the Administrative Code. For a permit application
submitted after the effective date of this rule that includes a vertical
expansion over an authorized fill area, the expansion area shall be constructed
over either of the following:
(a)
A separatory liner system designed in accordance with
rule
3745-30-07
of the Administrative Code.
(b)
An authorized
fill area that is underlain by a liner system and leachate collection system
meeting the requirements established in rule
3745-30-07
of the Administrative Code.
(3)
A
permit to install application exclusively requesting a change in
technique of waste receipt, type of
waste received, or type of equipment used
need not comply with rule
3745-30-07
of the Administrative Code.
(4)
A
permit to install application exclusively requesting a change in the
authorized maximum daily waste receipt and submitted pursuant to paragraph (E) of
this rule need not comply with rule
3745-30-07
of the Administrative Code.
(5) Other
modifications of the industrial landfill or
residual landfill facility, as
that term is defined in rule
3745-27-02 of
the Administrative Code, shall comply with the
relevant paragraphs of rule
3745-30-07
of the Administrative Code.
(E) Additional criteria for authorized
maximum daily waste receipt
applications. The
director shall not
approve a permit to install application for a permanent change in the
Authorized
maximum daily waste receipt for the industrial
landfill or residual
landfill facility whose annual license fee is established pursuant to division
(A)(1) of section
3734.06
of the Revised Code, unless the owner or operator demonstrates that the
industrial landfill or residual
landfill facility can operate
in compliance with all applicable solid waste regulations while receiving the
requested maximum daily waste receipt. At a minimum, the demonstration
for the industrial landfill or residual
landfill facility
shall include the following:
(1) An explanation of the overall facility
design including construction time frames and fill sequences for the
industrial landfill or residual
landfill facility.
(2) Operational criteria such as the
industrial landfill or residual
landfill facility's equipment
availability, cover availability, and manpower.
(3) If applicable, the owner's or operator's
previous compliance history throughout the life of the industrial landfill or residual
landfill facility and the daily
logs for any period that the industrial landfill
or residual landfill
facility was out of compliance.
[Comment: An application for a temporary increase in the
authorized
daily waste receipt must satisfy the criteria specified in rule
3745-501-75 of the Administrative Code.]
(G) Applicability of
siting criteria.For
the purposes of this
rule, an "authorized fill area" is an area within the limits of waste placement
of the industrial landfill or residual
landfill facility that is
authorized by a permit to
install, plan approval, operational report, or other authorizing
document to accept IMW as of the date of
submittal of the permit to install application for a lateral or vertical
expansion. A permit to install application for an
industrial landfill or residual landfill facility shall not be approved unless
the director determines that the application meets the criteria specified in
paragraph (H) of this rule, as follows:
(1) Operation changes. A permit to install application
that exclusively proposes a substantial change in technique of waste receipt,
type of waste received, or type of
equipment used at the industrial landfill or
residual landfill
facility need not comply with the criteria
specified in paragraph (H) of this rule.
(2)
Authorized maximum daily waste receipt increase. A
permit to install application that exclusively proposes a change in the
Authorized
maximum daily waste receipt limit for the industrial landfill or residual
landfill facility need not
comply with the criteria specified in paragraph (H) of this rule.
(3)
Other modification permits. A permit to install application that incorporates a
modification of the industrial
landfill or residual
landfill facilitythat does not incorporate a capacity increase or
otherwise extend the vertical or horizontal limits of waste
placement
or
incorporate a subsurface leachate storage structure or leachate lift
station need not comply with the criteria specified in paragraph (H) of
this rule.
(4) Vertical expansion. For the purposes of this rule,
a vertical expansion includes the proposed vertical expansion and all
waste within the vertical projection above or below the proposed vertical
expansion. When evaluating a proposed vertical expansion, the director shall
apply the following criteria:
(a)
The
criteria specified in paragraph (H) of this rule except for paragraph (H)(4) of this rule
.
(b)
For the areas of the authorized fill
area that are contiguous to the proposed vertical expansion but that are not
directly above or below the proposed vertical expansion, the following:
(i)
Paragraph (H)(1) of this rule .
(ii)
Paragraph (H)(2) of this rule .
[Comment: See diagram 1
in appendix A to this rule. Vertical expansion permits seek a voluntary
vertical change in waste placement boundaries. A decision for final denial of a
voluntary vertical expansion permit application does not alter the current
authorizing document for the facility. Filling may continue in the
authorized fill area in accordance with the applicable authorizing
document.]
(5)
Proposed new landfill or lateral expansion.A
proposed new landfill or
lateral expansion of an existing landfill shall meet the criteria specified in paragraph (H) of
this rule. The director may approve the application for one or
more noncontiguous areas proposed in the application which meet the criteria
specified in paragraph (H) of this rule, even if other
proposed areas do not meet the criteria specified in paragraph (H) of this
rule.
(6)
Authorized
fill area contiguous or
noncontiguous to a proposed lateral expansion.
(a) Noncontiguous authorized fill area. When
evaluating a proposed lateral expansion, the criteria specified in paragraph
(H) of this rule do not apply to an authorized fill area that is noncontiguous
with the lateral expansion proposed in the permit to install application.
[Comment: For a permit to install application
proposing a lateral expansion of the facility that is
not contiguous to the current
Authorized fill area, all siting criteria
would apply to the lateral expansion
and no siting
criteria would apply to the authorized fill area.
See diagram 2 in appendix A to this
rule.]
(b) Contiguous
authorized fill area. When evaluating a permit to install application that
includes a proposed contiguous new unit without a vertical expansion above or below
some or all of the authorized fill areas, paragraphs (H)(1) and (H)(2)
of this rule apply to the authorized fill area contiguous with the new
unit.
(c)
Contiguous lateral expansion, authorized fill area, and vertical expansion.
For a permit to install application that includes a
proposed contiguous lateral expansion and a vertical expansion above or below some or all of the
authorized fill area, the following apply:
(i)
For
the vertical expansion component of the permit to install application,
paragraph (G)(4) of this rule.
(ii)
For the
proposed lateral expansion component of the permit to install application and
the authorized fill area,
paragraph
(G)(6)(b) of this rule.
[Comment: See diagram 3
in appendix A to this rule. If the vertical expansion component does not meet
the criteria specified in paragraph (G)(4) of this
rule, then the applicant may consider revising the application to meet the
requirements specified in paragraph (G) (6)(b)
of this rule. A final denial decision on this voluntary permit does not alter
the filling approved in the authorized fill area.]
(H) Siting criteria.
The director will consider a permit to install
application for an industrial landfill or residual landfill facility in
accordance with paragraph (G) of this rule as follows:
(1) National parks, national recreation
areas, and state parks.
(a)
The limits
of solid waste placement are not located within one thousand feet of or within
any of the following areas, in existence on the date of receipt of the permit
to install application by Ohio EPA:
(i) National park or
recreation area.
(ii) Candidate area for potential inclusion in the
national park system.
(iii) State park or
established state park purchase area.
(iv)
Any property
that lies within the boundaries of a national park or national recreation area
but that has not been acquired or is not administered by the secretary of the
United States department of the interior.
(b)
.The
one-thousand-foot
setback from the limits of solid waste placement does not apply if the
applicant obtains a written authorization prior to the
issuance date of the permit to install from the
owner
and the designated authority of the areas identified
in paragraph (H) (1) of this rule to locate the limits of solid waste placement
within one thousand feet.
[Comment: Pursuant to division (M) of section
3734.02
of the Revised Code, the limits of solid waste placement cannot be located
within The areas identified in
paragraph (H)(1) of this rule.]
(c)
Paragraph (H)(1)(a) of this rule is not applicable to
an industrial or residual
landfill facility located within a park
or recreation area that exclusively disposes of wastes generated within
the park or recreation area.
(2)
Ground water aquifer system protection.
(a)
Sand or gravel pit. The limits of solid waste placement
of an industrial landfill or
residual
landfill facility
and any
subsurface leachate storage structure or leachate lift station are not
located in a sand or gravel pit where the sand or gravel deposit has not been
completely removed. For the purposes of this paragraph,
a sand or gravel pit is an excavation resulting from a mining operation where
the removal of sand or gravel is undertaken for use in another location or for
commercial sale. This term does not include excavations of sand or gravel
resulting from the construction of the industrial landfill or residual landfill
facility.
(b)
Limestone or sandstone quarry. The limits of waste
placement of an industrial landfill or
residual
landfill facility
and any
subsurface leachate storage structure or leachate lift station are not
located in a limestone quarry or sandstone quarry. For
the purposes of this paragraph, a limestone or sandstone quarry is an
excavation resulting from a mining operation where limestone or sandstone is
the principal material excavated for use in another location or for commercial
sale. This term does not include excavations of limestone resulting from the
construction of the industrial landfill or residual landfill
facility.
(c) Sole source aquifer.
The limits of solid waste placement of the industrial
landfill or
residual
landfill facility
and any
subsurface leachate storage structure are not located above an aquifer
declared by the federal government under the Safe Drinking Water Act,
42
U.S.C 300f et. seq.
, to be a sole source aquifer prior
to the date of receipt of the permit to install application by Ohio EPA.
(d) One hundred gallons per minute
(gpm) aquifer system. The limits of solid waste
placement of the industrial landfill or
residual
landfill facility
and any
subsurface leachate storage structure or leachate lift station are not
located above an unconsolidated aquifer system capable of sustaining a yield of
one hundred gallons per minute for a twenty-four-hour period
within one thousand feet of the limits of
IMW placement or any
subsurface leachate storage structure or leachate lift station.
(e) Isolation distance.
The
isolation distance
between the uppermost aquifer system and the basal elevation
of any liner system and the basal
elevation of any subsurface leachate storage structure shall
conform
to the following:
(i) For a
residual
landfill,
be less than five
feet, without accounting for compression or
consolidation, of in-situ geologic material, or added geologic material
constructed in accordance with rule
3745-30-07
of the Administrative Code.
(ii) For
an industrial landfill, be less than fifteen feet, without
accounting for compression or consolidation, of in-situ geologic material
or added geologic material constructed in accordance with rule
3745-30-07
of the Administrative Code.
(3) Ground water setbacks.
(a)
Drinking water source protection area
for a public water supply using ground water. The
limits of solid waste
placement of an
industrial landfill or residual landfill facility and any in-ground leachate storage structures are not located
within a drinking water source
protection area for a public water supply using ground water.
(b) Underground mine.The limits of solid waste placement of the industrial
or
residual
landfill facility
and any
above-ground leachate storage structure are not located within an area of
potential subsidence due to an underground mine . The area of potential subsidence due
to an underground mine is the area defined by the angle of draw
, to be no
less than fifteen degrees, extending from the underground mine
to where the angle
of draw intercepts the ground surface.
[Comment: Removal or filling of the mines is an acceptable
method for minimizing the potential for subsidence.]
(c) One thousand feet from water supply
well.The
limits of solid waste
placement and any subsurface leachate storage
structure are not located within one thousand feet of a water supply well
or a developed spring in existence on the date the permit to install
application was received by Ohio EPA. For the purposes of this paragraph, a developed spring is
any spring that has been permanently modified by the addition of pipes or a
collection basin to facilitate the collection and use of the spring
water.
This paragraph is not applicable if one or more of the
following conditions are met:
(i) The
water supply well or developed spring is controlled by the applicant and
provided the following:
(a) The water supply
well or developed spring is needed as a source of nonpotable water in order to
meet the requirements of an approved permit or as a source of nonpotable water
used in a manufacturing process.
(b) No other reasonable
alternative water source is available.
(c) The water supply well or developed spring
is constructed to prevent contamination of the ground water.
(ii) The water supply well or
developed spring is
not less than five hundred feet hydrogeologically
upgradient of the limits of IMW placement and the applicant
demonstrates that the potential for migration of landfill gas to that well or
developed spring is minimized.
[Comment: Constructing a landfill with a bottom liner system or
an active gas management system is an acceptable means to minimize the
potential for gas migration.]
(iii) The water supply well or developed
spring is separated from the limits of IMW placement by a
naturally occurring hydrogeologic
barrier.
(iv) The water supply well
or developed spring was constructed and is used solely for monitoring ground
water quality.
(4) General setbacks.
(a) One thousand feet from natural areas.
The
limits of solid waste
placement are not located within one thousand feet of the following, that are
in existence on the date of receipt of the permit to install application by
Ohio EPA:
(i) Areas designated by the
Ohio department of natural resources as either a state nature preserve including all lands dedicated under the Ohio
natural areas law, a state wildlife area, or a state wild, scenic, or recreational river.
(ii) Areas designated, owned, and managed by
the Ohio history
connection as a nature preserve.
(iii) Areas designated by the United States
department of the interior as either a national wildlife refuge or a national
wild, scenic, or recreational river.
(iv) Areas designated by the United States
forest service as either a special interest area or a research natural area in
the Wayne national forest.
(v)
Stream segments designated by Ohio EPA as a state resource water, a coldwater habitat,
or an exceptional warmwater habitat.
[Comments: Stream segments designated as state resource waters
may include some wetlands. Those wetlands that do not meet this designation are
addressed in paragraph (H)(4)(d) of this rule.]
(b) Three hundred feet from property line.
The
limits of solid waste
placement and any leachate pond are not located
within three hundred feet of the industrial landfill
or residual landfill
facility's property line.
(c) One thousand feet from domicile.
For an industrial landfill or a
residual
landfill facility
that dispose of
IMW as identified in paragraph
(I)(1)(c) of rule
3745-30-01 of the
Administrative Code but which are not owned by a generator who disposes
exclusively of IMW generated on one or more premises owned by the
generator, the limits of solid waste placement are not located within one
thousand feet of a domicile, whose owner has not consented in writing to the
location of the industrial landfill or residual
landfill facility, in existence
on the date of receipt of the permit to install application by Ohio
EPA.
(d) Two hundred feet
from surface waters. The
limits of solid waste
placement and any subsurface leachate storage
structure are not located within two hundred feet of areas determined by
Ohio EPA or the United States army corps of engineers to be a stream, lake, or
wetland.
(5) The
limits of solid waste placement and the
leachate management system of the industrial landfill
or residual
landfill facility are not located in a
flood plain.
[Comment: Pursuant to division (A) or
(G) of section
3734.02
of the Revised Code or rule
3745-30-15 of the
Administrative Code, an applicant may request an exemption or variance from any
of the siting criteria contained in this rule. However, pursuant to division
(M) of section
3734.02
of the Revised Code, the director shall not issue a permit, variance, or
exemption that authorizes a new industrial landfill or residual landfill
facility, or an expansion of an existing industrial landfill or residual
landfill facility, within the boundaries of the areas indicated in paragraph
(H)(1) of this rule.]
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