Current through all regulations passed and filed through September 16, 2024
(A)
Daily cover. The owner or operator shall apply daily
cover to all exposed solid waste by the end of each working day and maintain
the daily cover to control fire hazards, blowing litter, odors, insects,
vectors, and rodents as follows:
(1)
Except for solid waste approved as alternative daily
cover in accordance with paragraph (A)(3)(c) of this rule, ensure solid waste
is not exposed for more than twenty-four hours after unloading.
(2)
Apply only cover
material that is nonputrescible, does not contain large objects in such
quantities as may interfere with its application and intended purpose, and is
not solid waste unless the owner or operator has received prior written
authorization in accordance with paragraph (A)(3)(c) of this
rule.
(3)
Ensure that a cover material is comprised solely of one
or more of the following:
(a)
A soil layer that is a minimum of six inches thick. The
owner or operator shall remove soil applied in an area served by a leachate
collection system or otherwise prepare the soil as necessary prior to the
placement of the next layer of waste in that area so as not to impede the flow
of leachate to the leachate management system within the limits of waste
placement.
(b)
A manufactured material that meets the specifications
of ASTM D6826 or ASTM D7008 and is used in accordance with the manufacturer's
recommendations.
(c)
Alternative daily cover for which written approval from
the director has been obtained in accordance with either of the
following:
(i)
The director may approve solid waste to be used as
alternative material for daily cover if the owner of operator demonstrates to
the satisfaction of the director that the solid waste material proposed for use
can provide protection comparable to paragraph (A)(3)(a) of this rule and is
protective of human health, safety, and the environment.
(ii)
The director may
approve alternative materials, other than solid waste, or other thicknesses for
daily cover if the owner or operator demonstrates to the satisfaction of the
director that the proposed alternative material or thickness provides
protection that is comparable to paragraph (A)(3)(a) or (A)(3)(b) of this rule
and is protective of human health, safety, and the environment.
(B)
Intermediate cover. The owner or operator shall ensure
that intermediate cover at the facility meets the following:
(1)
Is applied to all
filled areas of the facility where additional waste will not be deposited for a
minimum of thirty days unless an alternative time period is authorized in
writing by the director. The director may authorize the use of an alternative
time period if the owner or operator demonstrates to the satisfaction of the
director that use of the alternative time period will not lead to an increase
in infiltration.
(2)
Is nonputrescible, has a low permeability to water,
good compactability, cohesiveness, relatively uniform texture, and does not
contain large objects in such quantities as may interfere with its application
and intended purpose.
(3)
Is placed and maintained as a soil layer that is a
minimum of twelve inches thick that meets the requirements in paragraph (B)(2)
of this rule unless otherwise authorized in writing by the director. The
director may authorize the use of other materials or thicknesses for
intermediate cover if the owner or operator demonstrates to the satisfaction of
the director that the proposed intermediate cover material or thickness
provides comparable and adequate protection.
(4)
Is removed or
otherwise prepared as necessary prior to the placement of the next layer of
waste in that area, so as not to impede the flow of leachate to the leachate
management system within the limits of waste placement.
(5)
Is protected from
erosion and is repaired for erosion damage at a minimum of once during the
spring and once during the fall.
(6)
Is covered with
agronomically appropriate quantities of seed, mulch, and fertilizer not later
than one hundred twenty days after application where additional waste will not
be deposited for at a minimum three hundred sixty-five days, unless an
alternative time period that minimizes sediment runoff is authorized in writing
by Ohio EPA.
(C)
Final cover. Upon reaching the approved final
elevations of waste placement in a phase, or in accordance with an alternate
schedule approved by the director, the owner or operator shall do the
following:
(1)
Construct a composite cap system in accordance with rule
3745-27-08 of the Administrative
Code over the entire phase where final elevations of waste placement in a phase
have been reached as follows:
(a)
Complete construction not later than one hundred eighty
days after the final elevations of waste placement have been
reached.
(b)
Apply seed, mulch, and, as necessary, fertilizer to the
cap protection layer.
(2)
In lieu of
paragraph (C)(1) of this rule, construct transitional cover in accordance with
rule 3745-27-08 of the Administrative
Code over the entire phase where final elevations of waste placement in that
phase have been reached as follows:
(a)
Complete construction not later than one hundred twenty
days after the final elevations of waste placement have been
reached.
(b)
Apply seed, mulch, and, as necessary, fertilizer to the
soil transitional cover.
(c)
Prior to commencing construction of transitional cover,
submit a written notice to Ohio EPA and the approved health district describing
where transitional cover will be installed in accordance with rule
3745-27-08 of the Administrative
Code and place a copy of notice in the operating record.
(3)
Notwithstanding any prior notification that transitional
cover will be constructed, when all phases in a unit have reached approved
final elevations of solid waste placement, construct a composite cap system in
accordance with rule
3745-27-08 of the Administrative
Code over the entire unit in compliance with paragraphs (C)(1)(a) and (C)(1)(b)
of this rule.
(4)
Notwithstanding any prior notification that
transitional cover will be constructed, the owner or operator may choose to
comply with paragraph (C)(1) of this rule by providing written notice to Ohio
EPA and the approved health district of any change from a previously submitted
notification prior to construction of a composite cap system in accordance with
paragraph (C)(1) of this rule.
(D)
Not later than
one hundred eighty days after completing construction of the cap system or soil
transitional cover, the owner or operator shall establish vegetative cover such
that plant growth is observable. If soil is visible through the vegetative
cover three hundred sixty-five days after planting vegetative cover in
accordance with this paragraph, the owner or operator shall implement
sufficient measures to establish dense vegetative cover that may include
seeding, mulching, fertilizing, or the application of soil.
Replaces: 3745-27-19