Current through all regulations passed and filed through March 18, 2024
(A) Applicability.
The owner or operator shall comply with the requirements and operational
criteria specified in this rule until final closure has been completed in
accordance with rule
3745-400-12
of the Administrative Code, as specified in this paragraph as follows:
(1) For active licensed disposal areas,
paragraphs (B)(1) to (B)(17), (C), (D), (E)(1) to (E)(3),
(F), (G), (H)(1), and (I) to (S) of this rule.
(2) For inactive licensed disposal areas
where no debris has been disposed, paragraphs
(B), (C), and (Q)(1) of this rule.
(3) For inactive licensed disposal areas
where debris has been disposed, paragraphs
(B), (C), (E), and (N) to (S) of this rule, as applicable.
(4)
In addition to any applicable provisions of paragraphs
(A)(1) to (A)(3) of this rule, for a co-located processing facility, paragraphs
(B)(1), (B)(5), (B)(6), (B)(9) to (B)(18), (C), (E), (F)(1), (F)(2), (F)(4),
(F)(5), (G) to (M), (Q), and (S) (1) of this rule.
(B) Compliance.
(1) The owner or operator shall conduct all
operations in strict
compliance with the license, any orders, and other authorizing documents issued
in accordance with Chapter 3714. of the Revised Code.
(2) The owner or operator shall dispose of
construction and demolition debris only within the active licensed disposal
area.
(3) The owner or operator
shall comply with the applicable construction specifications and performance
standards contained in rule
3745-400-07
of the Administrative Code.
(4) The
owner or operator shall comply with the ground water monitoring requirements
contained in rule
3745-400-10
of the Administrative Code.
(5) The
owner or operator shall comply with the final closure requirements of rule
3745-400-12
of the Administrative Code.
(6) The
owner or operator shall comply with the financial assurance requirements for
final closure contained in rule
3745-400-13
and post-closure care in rule
3745-400-18
of the Administrative Code.
(7) The
owner or operator shall comply with the construction certification requirements
contained in rule
3745-400-07
of the Administrative Code.
(8) The
owner or operator shall not place debris in any unfilled areas without a liner,
if required, and a leachate collection system after December 31,
1998.
(9) The owner or operator
shall keep a daily log of operations that contains all the information specified on forms
prescribed by the director. All entries required by the log form shall be
completed. A copy of the log shall be available for inspection by the licensing
authority during normal operating hours, for a minimum
of five years. When required by the licensing authority, log forms or
summaries of daily logs shall be submitted to the licensing authority. The
owner or operator may use alternate forms, either in paper or electronic
formats, for the daily log of operations, provided that all of the information
requested on the prescribed forms is present.
(10) The owner or operator shall keep records
of all prohibited material
, including material removed from the working face in
accordance with paragraph (F)(5) of this rule. For prohibited materials removed
by the owner or operator, dated records of volumes and destinations for proper
disposal shall be kept. For prohibited materials removed by others or for
rejected loads, the owner or operator shall list the responsible entity,
including companies maintaining transfer containers within the facility
boundary for the purpose of collecting prohibited
materials.
(11) Certified operator.
(a)
The owner or operator shall submit to the
licensing authority the names of each certified operator
and
ensure that a certified operator is on site or reasonably available each day
during operations. The certified
operator shall be responsible for the following:
(i) Overseeing all operations
.
(ii) Being thoroughly familiar with proper
operating procedures, the terms and conditions of the
license, and this rule.
(iii) Reviewing and signing the completed
daily log for each day of
operation.
(b) The owner
or operator shall update the names of each certified operator as necessary and
submit a copy of the updated names to the licensing authority not later than
thirty days after a change is made. A copy of each operator certificate shall
be kept at the construction and demolition debris facility and made available
to the director or the director's authorized representative upon
request.
(12) Interim
operator. In the absence of a certified operator, the owner or operator
may designate an interim operator to meet the specifications
of paragraph (B)(11) of this rule.
(a) The
owner or operator that designates an interim operator shall notify the
licensing authority in writing not later than ten days after designation of an
interim operator. The notification shall contain at a minimum the following:
(i) The name, address, and qualifications of
the interim operator.
(ii) The
duration that the owner or operator intends to have an interim operator in
place.
(iii) An explanation
describing the reasons for the replacement of the certified operator with an
interim operator.
(b)
The owner or operator may operate with an interim operator for a
period of not more than three hundred sixty-five days.
(c) If an interim operator violates any
provision of Chapter 3714. of the Revised Code or the rules adopted thereunder,
the director may prohibit the interim operator from continuing as an interim
operator after conducting an investigation and hearing in accordance with
Chapter 119. of the Revised Code or prohibit the interim operator from
obtaining certification.
(13) The owner or operator shall conduct
special monitoring and testing if the licensing authority determines that a
substantial threat of pollution to surface water, ground water, or air exists.
In such a case, the owner or operator shall prepare a monitoring plan, approved
by the licensing authority.
[Comment: For facilities with ground water monitoring, the
procedure for determining whether a substantial threat to ground water exists
is outlined in paragraph (D) of rule
3745-400-10
of the Administrative Code.]
(14) The owner or operator shall provide a
topographic map of the inactive and active licensed disposal areas of the
facility and of the co-located processing
facility, if the licensing authority so requests. The topographic map
shall represent existing contours and not be required more frequently than
annually.
(15) The owner or
operator shall supply additional control measures if deemed necessary by the
licensing authority.
(16) The owner
or operator shall not cause or allow operations to create a nuisance or health
hazard from noise, dust, odors, and the attraction or breeding of birds,
insects, rodents, and other vectors.
(17) The owner or operator shall not cause
water pollution.
(18)
Additional compliance specifications for a co-located
processing facility. The owner or operator shall conduct operations at the
co-located processing facility as follows:
(a)
Within the
horizontal limits of construction and demolition debris processing as
identified in the effective license.
(b)
On a working
surface constructed and maintained in accordance with paragraph (E)(4) of this
rule.
(c)
Unload incoming loads of debris that will be processed
at the co-located processing facility in a designated area, inspect the debris,
and remove all prohibited materials as soon as practical.
(d)
Ensure the total
volume of mixed construction and demolition debris at the co-located processing
facility at any time does not exceed the maximum volume of mixed construction
and demolition debris authorized in the effective license.
(e)
Ensure the
horizontal limits of construction and demolition debris processing at the
co-located processing facility does not exceed the maximum dimensions
authorized in the effective license.
(f)
Store mixed
C&DD at the co-located processing facility for no longer than eighteen
months after acceptance. Nothing prevents Ohio EPA or the approved board of
health from requiring the owner or operator to take action to address any mixed
C&DD storage condition that Ohio EPA or the approved board of health
determines is a nuisance, fire hazard, or health hazard or causing or
contributing to air or water pollution. An exceedance of the storage timeframe
does not prevent processing as defined in this chapter.
(C) Records management.
The
owner or operator shall retain at the
facility during operational hours, the license application which contains the
construction and monitoring
plans.
(D) Debris
placement. The owner or operator shall place and maintain markers defining the
limits of the active licensed disposal area. Placement of debris into a newly
active licensed disposal area shall not occur prior to the following:
(1) The owner or operator has submitted the
construction certification report for the active licensed disposal area to the
licensing authority in accordance with rule
3745-400-08
of the Administrative Code.
(2) The
owner or operator is prepared for operation with all necessary equipment ready
and operational.
(3) The licensing
authority has inspected the active licensed disposal area. The licensing
authority shall inspect the constructed disposal area not later than ten
working days after receipt of the construction certification report.
[Comment: In any case, the constructed disposal area must be
inspected by the licensing authority before placement of debris.]
(4) The owner or operator has
implemented the ground water monitoring plan in accordance with paragraph (R)
of this rule, and the information submitted in the license application required
by rule 3745-501-10 and rule
3745-400-09
of the Administrative Code. For the purpose of this rule, implement means to
install the ground water monitoring system and
commence ground water sampling.
(5)
The owner or operator has applied for and received all applicable permits and
authorizations required by Chapters 3704. and 6111. of the Revised Code.
[Comment: Requirements contained in 40 C.F.R. 122 and Chapter
6111. of the Revised Code prohibit point source discharges to waters of the
state without first obtaining a "National Pollutant Discharge Elimination
System" (NPDES) permit. Application for permits regarding Chapter 6111. of the
Revised Code must be requested through the appropriate Ohio EPA district
office, division of surface water (DSW), NPDES permit section. Specific issues
such as best management practices (BMP) for stormwater runoff control or
sedimentation ponds must be discussed with the district staff to determine all
required permits.]
[Comment: The liner and leachate collection system
certification report is not required to be reviewed or approved by the
licensing authority prior to debris placement. The capping certification report
is required to be reviewed and approved by the licensing authority before funds
can be remitted to the owner or operator. The debris placement plan is
submitted annually as a part of the license application and is therefore
reviewed and approved annually. There is no certification report for the debris
placement plan.]
(E) Construction.
(1) The
owner or operator shall maintain the integrity of the engineered components of
the facility and repair any damage to or failure of the components. "Engineered
components" includes the components described in rule
3745-400-07
of the Administrative Code and components of the ground water monitoring
systems installed in accordance with rule
3745-400-10
of the Administrative Code.
(2) The
owner or operator shall investigate all tests of constructed engineered
components which fail to meet the specifications outlined in rule
3745-400-08
of the Administrative Code. An area within a verified failure
shall be
reconstructed to meet specifications. Reconstructed areas shall be
retested.
(3) The owner or operator
of a facility or co-located processing facility, if
applicable, with limits of debris placement or
the horizontal limits of construction and demolition debris processing
located within five hundred feet of an occupied building which is not owned by
the owner or operator shall establish a barrier to minimize visibility of the
operations. The owner or operator
shall place the barrier on sides with occupied buildings in existence at the
time of the initial license application. For the purpose of this rule, an
occupied building means any building regularly occupied in whole or in part as
a habitation for human beings, or other buildings where people are accustomed
to assemble.
[Comment: Examples of buildings where people are accustomed to
assemble include buildings used for any commercial, social, religious,
educational, or charitable purpose, such as churches, schools, and stores.
Examples of barriers include trees and shrubs, earthen berms with landscaping,
and opaque fences.]
(4)
The owner or operator shall construct the co-located
processing facility in accordance with the design plan specifications contained
in rule
3745-400-07
of the Administrative Code and construct and maintain a working surface that
supports processing and transferring operations. The working surface may be
constructed of concrete, asphalt concrete, gravel, clay, soil, or any other
material capable of supporting the weight of all material and equipment placed
on the working surface.
(F) Waste acceptance and disposal. Prior to
acceptance by the facility or the co-located processing
facility, debris shall be readily identifiable as construction and
demolition debris and shall not have been shredded, pulverized, or otherwise
rendered to the extent that the debris is unidentifiable. The owner or operator
of the facility shall dispose of only
construction and demolition debris, except as specified in this rule.
[Comment: Chapter 3714. of the Revised
Code defines pulverized debris and prohibits the owner or operator of a
facility from accepting the material for disposal. Recovered screen material
generated by a processing facility licensed in accordance with Chapter 3745-501
of the Administrative Code may be accepted for disposal.]
(1) The owner or operator shall not accept
pulverized debris. The owner or operator shall manage and remove pulverized
debris in accordance with sections
3714.081
and
3714.083
of the Revised Code.
(2) The owner
or operator shall not accept
any hazardous wastes, infectious wastes, or containerized or bulk liquids. Any
such materials shall
be removed as soon as practical. If any such prohibited materials are detected
in incoming debris, the entire load shall be refused. All incidents concerning
these prohibited materials shall be noted in the daily log.
[Comment: Radioactive waste is regulated by the Ohio department
of health. Owners or operators are subject to their requirements pursuant to
applicable state and federal law.]
(3) The owner or operator of a facility shall
not dispose of any solid wastes except as follows:
(a) Packaging which results from the use of
construction materials may be disposed if the packaging is
incidental to the load.
[Comment: A load of packaging materials cannot be disposed of
by a construction and demolition debris facility because the packaging is not
incidental to the load.]
(b) Tree stumps, trunks and clean branches
exceeding four inches (twenty-five cm) in
diameter may be disposed. For the purpose of this rule, clean branches means
those without leaves and smaller branches attached.
[Comment: Paragraph (A) of rule
3745-400-03
of the Administrative Code provides that all tree materials removed from
clearing a construction site may be disposed by burial on the site of
generation. When taken off the site of generation, tree parts smaller than 4
inches in diameter are considered yard waste and shall be disposed in
accordance with Chapter 3734. of the Revised Code.]
(c) Asbestos materials subject to NESHAP, 40
C.F.R. Part 61 , Subpart M, may be disposed of only if the necessary air
pollution control permits have been issued.
[Comment: An owner or operator licensed, permitted, or
otherwise authorized in accordance with Chapter 3714. of the Revised Code may
accept solid waste materials if the activity is licensed, permitted, or
otherwise authorized separately from the construction and demolition debris
disposal facility license issued under Chapter 3714. of the Revised
Code. For example, the owner or operator may also conduct a
yard waste composting operation or operate a solid waste transfer facility, if
so authorized. These separate activities may occur within the facility
boundaries if the license acknowledges the additional separate activities. If
the separate activities are conducted outside of the construction and
demolition debris facility boundaries, then the construction and demolition
debris license for the facility is not affected.]
[Comment: Prohibited materials that are removed are regulated
as solid waste or infectious waste by Chapter 3745-27 of the Administrative
Code or as hazardous waste by Chapters 3745-50 to 3745-69 of the Administrative
Code. Storage of any prohibited materials where such storage causes a nuisance
or health hazard in the judgment of the health commissioner or the director or
their authorized representatives shall constitute violation of Chapter 3734. of
the Revised Code.]
[Comment: Pursuant to section
3734.01
of the Revised Code, materials resulting from mining operations, non-toxic fly
ash, non-toxic spent foundry sand, and slag are not solid wastes. A
construction and demolition debris facility can accept these materials for
disposal once the owner or operator receives the authorization required
pursuant to Chapter 6111. (water pollution control) of the Revised Code. The
licensing authority may request the materials analysis data required for such
authorization.]
(4)
The owner or
operator of a co-located processing facility shall unload incoming debris on a
designated area of the working surface and not accept prohibited materials
including pulverized debris, hazardous waste, infectious waste, containerized
bulk liquids, and asbestos materials subject to NESHAP, 40 C.F.R. Part 61 ,
Subpart M.
(5) The owner or
operator of the facility shall deposit incoming
loads of debris at the designated unloading zone where the debris shall
be inspected and prohibited wastes shall be removed, unless the owner or
operator has received approval of and has implemented a pre-acceptance debris
screening program at the facility. If the owner or operator
of the facility is implementing a pre-acceptance
debris screening program that has been approved by the licensing authority
through the license application, the owner or operator is not required to
establish a designated unloading zone.
(a) The
owner or operator of the facility shall unload
the debris in the clearly designated and marked
unloading zone separate from the working face.
The
unloading zone may be temporary and adjacent to the active working face.
Upon inspection of the unloaded debris, the owner or operator
of the facility shall remove prohibited materials
prior to placing the debris on the working face. No prohibited materials are
permitted to be disposed at the working face. The owner or operator
of the facility shall remove any prohibited
material found at the working face. The owner or
operator of the facility shall not store mixed C&DD in the unloading zone
for longer than the following:
(i)
For a facility without a licensed co-located processing
facility, three business days.
(ii)
For a facility
with a licensed co-located processing facility, five business days.
[Comment: Facilities typically operate
only one unloading zone adjacent to the working face. A second unloading zone
may be operated for a temporary period to ensure safe and efficient operations
when transitioning to a new phase or when receiving C&DD that needs to be
placed or disposed in the cell for specific engineering purposes for cell
construction (e.g., select waste layer, external slopes).]
(b) The owner or
operator of the facility shall clearly mark the
limits of the unloading zone with at least four temporary
markers and confine the unloading zone to a size no
larger than is necessary to store mixed C&DD, provide safe and efficient
operations, and comply with this rule including timeframes set forth in
paragraph (F)(5)(a) of this rule.
(c)
The
owner or operator of the facility shall spread
and compact the debris on the working face by the end
of each working day. When debris is deposited on the working face,
the debris
shall be spread evenly over the working face and compacted to the smallest
practical volume.
(d) Cliffing is
prohibited. For the purpose of this rule, cliffing is the formation of an edge
or cliff by the placement of debris at the working face without
compacting.
(6) Debris that is
burning or at a temperature likely to cause a fire or damage to any component
of the facility shall be placed in a separate location at a sufficient distance
from the working face and unloading zone to prevent fires from spreading. The
owner or operator shall immediately cover the hot or burning debris with
sufficient amount of earth or other non-combustible material, or spray the
debris with water or other fire suppressant to extinguish or prevent fire. When
the debris has cooled, is no longer smoking, and is at a temperature unlikely
to cause a fire, the owner or operator shall deposit the extinguished material
on the working face.
(7) The owner or
operator shall attempt to remove all solid wastes from the construction and
demolition debris prior to disposal of construction and demolition debris on
the working face of the facility as required under section
3714.021
of the Revised Code.
(G)
Equipment. The owner or operator shall have available at all times adequate
equipment for operations at the facility and processing
facility located wholly within the facility boundary, as
applicable.
(H) Fire
prevention. The owner or operator shall
conduct operations in a manner
that prevents fires as follows:
(1)
For the facility,
by doing one of the following:
(a) Covering all
disposed combustible debris on a weekly basis with soil, clean hard fill, or
other material which is noncombustible. For the purpose of this rule, covering
means to apply noncombustible material in a manner such that combustible debris
is not visible.
(b) Preparing and
utilizing an alternative fire prevention plan acceptable to the licensing
authority. The plan shall include the monthly application of noncombustible
cover plus other methods to prevent fires.
(2)
For a co-located
processing facility, prepare, submit to the local fire department, and
implement a fire prevention plan that includes the following:
(a)
Emergency contact
information for the co-located processing facility.
(b)
A copy of the
letter sent to the local fire department notifying the fire department of the
existence of the co-located processing facility, including delivery
receipts.
(c)
Guidelines for handling debris that is burning or at a
temperature likely to cause a fire.
(d)
Procedures for
responding to a fire including notifications, operation of fire equipment, and
evacuation routes.
(e)
Documentation of fire control equipment, material, and
services available to be employed immediately upon occurrence of a fire at the
co-located processing facility to satisfy the specifications contained in
paragraph (M) of this rule.
(f)
Maintenance
schedules and documentation of maintenance performed on fire control
equipment.
(g)
A map showing the location of fire hydrants, other
available water sources, and other fire control equipment within the facility
boundary.
[Comment: Application of noncombustible cover; prevention of
open discarding of smoking materials, such as cigarettes and matches, at the
facility; and keeping debris moist through leachate recirculation are known
methods to prevent fires at facilities.]
[Comment: Application of cover means all disposed combustible
debris shall be covered at least once during the weekly or monthly
schedule.]
(I) Access. The owner or operator shall limit
access to the facility and co-located processing
facility
as follows:
(1)
Limit access to authorized personnel only, except when operating personnel
are present during operating hours.
(2)
Exclude live
domestic and live farm animals except those used for security or vector control.
(3) Access shall not be denied to
the licensing authority and its authorized representatives, who upon proper
identification, may enter at
reasonable times to determine compliance with Chapter 3714. of the Revised Code
and rules adopted thereunder.
(4)
Maintain access roads to allow passage of loaded
vehicles with minimum dust generation or erosion during inclement weather.
[Comment: Dust generation is also addressed in Ohio EPA air
pollution control permit for fugitive dust.]
(5)
Employ measures
necessary to minimize the incidence of mud, dirt, and dust on public roads
before vehicles leave .
(6)
Post clear instructions for using the facility
and the co-located processing facility at the
entrance, including a listing of wastes the disposal of which
is prohibited as outlined in paragraph (F) of this rule and
telephone numbers of emergency personnel
including the local fire department, the board of health, and the appropriate
district office of Ohio EPA. The instructions shall be readable from vehicles
arriving at the entrance.
(J) Inclement weather. The owner or operator
shall ensure that preparations have been made to receive, spread, and cover
debris during inclement weather. Preparations shall include designated areas
where debris will be deposited, spread, and covered during inclement weather,
all-weather access roads leading to these designated areas, and stockpiles of
cover material.
(K) Scavenging. No
person shall conduct or allow scavenging. For the purpose of this rule,
scavenging is the extraction or removal of material
by persons unauthorized by the
operator.
(L) Litter. The owner or
operator shall employ all reasonable measures to collect, properly contain, and
dispose of scattered litter , including frequent policing of the area
and the use of portable wind screens where necessary.
(M) Fire control. The owner or operator shall
have available at or near the facility and co-located
processing facility, if applicable, adequate fire control equipment,
material, and services to control fire and explosion. The owner or operator
shall act immediately to control or extinguish any fire.
(N) Cap system. The owner or operator shall
construct the cap system as specified in paragraph (G) of rule
3745-400-07
of the Administrative Code.
(O)
Leachate outbreaks. If there is an outbreak of leachate at the surface, the
owner or operator shall do all of the following:
(1) Contain the leachate.
(2) Manage and dispose the leachate in
accordance with applicable regulations.
(3) Repair the outbreak.
(P) Leachate system management. The owner or
operator shall operate and maintain the leachate collection system as follows:
(1) The owner or operator shall operate the
leachate collection system to maintain no more than one foot of head anywhere
on the in situ or added geologic material or constructed liner, with the
exception of the sump areas.
(2)
The owner or operator shall maintain the leachate collection system in such a
manner as to prevent blockage or clogging that could impede the proper
collection of leachate. If a collection pipe network is utilized in the
leachate management system, the owner or operator shall inspect it to verify no
crushing or clogging exists after placement of the first lift of debris and
annually thereafter.
(3) The owner
or operator shall manage and dispose of leachate in accordance with applicable
regulations.
[Comment: Leachate recirculation is allowed if approved by the
licensing authority.]
(Q) Surface and ground water management. The
owner or operator shall control surface and ground water
in
the following manner:
(1) The owner or
operator shall divert surface and ground water from the active and inactive
licensed disposal areas of the facility and from the
co-located processing facility by non-mechanical means. The owner or
operator shall not divert surface water under, over, or through
the following:
(a)
Disposal areas of
the facility.
(b)
Processing or staging areas of a co-located processing
facility, unless otherwise provided in the approved design plan prepared in
accordance with rule
3745-400-07
of the Administrative Code.
[Comment: Diversion of streams may require authorization from
the army corps of engineers or the Ohio environmental protection agency
pursuant to 33 U.S.C.S. 1341 and 33 U.S.C.S. 1344.]
(2) The owner or operator shall
grade the facility and provide drainage systems to ensure minimal infiltration
of water through the cover material and cap system as well as erosion of the
cover material and cap system.
(3)
If ponding or erosion occurs in active or inactive licensed disposal areas, the
owner or operator shall correct the conditions causing the ponding or
erosion.
(4) If silting or scouring
occurs in surface water structures, the owner or operator shall correct the
conditions causing the silting or scouring and shall repair the surface water
drainage structures.
(5) If a
substantial threat of surface water pollution exists, the licensing authority
may require monitoring of surface water.
(R) Ground water monitoring and leachate
sampling and analysis. The owner or operator shall do the following:
(1) Conduct leachate sampling and analysis in
accordance with rule
3745-400-20
of the Administrative Code.
(2)
Maintain and operate the monitoring wells, piezometers and other measurement,
sampling and analytical devices to perform to the design specifications in
accordance with the ground water monitoring program required by rule
3745-400-10
of the Administrative Code throughout the life of the ground water monitoring
program.
(3) Implement the ground
water monitoring program in accordance with rule
3745-400-10
of the Administrative Code.
(S)
Financial assurance.
(1) The owner or operator
shall establish and maintain financial assurance for final closure as required
by rule
3745-400-13
of the Administrative Code.
(2) The
owner or operator shall establish and maintain financial assurance for
postclosure care as required by rule
3745-400-18
of the Administrative Code.