Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-580 - Scrap tire
Section 3745-580-710 - Operation of a scrap tire monofill facility
Universal Citation: OH Admin Code 3745-580-710
Current through all regulations passed and filed through September 16, 2024
(A) Applicability. The owner or operator of a scrap tire monofill facility shall comply with the requirements and operational criteria specified in this rule until the final closure certification specified in paragraph (H) of rule 3745-580-725 of the Administrative Code is submitted and the post-closure care period begins.
(B) Compliance. The owner or operator shall conduct operations at a scrap tire monofill facility as follows:
(1)
In strict
compliance with the applicable authorizing documents and in accordance with
rules adopted under Chapter 3734. of the Revised Code.
(2)
In such a manner
that noise, dust, and odors are strictly controlled so as not to cause a
nuisance or a health hazard.
(3)
In a manner that
does not cause water pollution pursuant to Chapter 6111. of the Revised Code
and does not violate any regulation adopted under Chapter 3704. of the Revised
Code.
(4)
Obtain a valid license prior to commencement of
operations and annually thereafter in accordance with Chapter 3745-501 of the
Administrative Code.
(C) Construction certification, concurrence, and compliance.
(1)
Prior to receipt
of scrap tires, the owner or operator shall properly plug and abandon any oil
wells and gas wells within the proposed limits of scrap tire placement in
accordance with Chapter 1509. of the Revised Code.
(2)
Construction
certification and concurrence. After the installation of any of the engineered
components specified in rule
3745-580-705 of the
Administrative Code other than the cap system, in any cell of any phase of a
scrap tire monofill facility, the owner or operator shall not accept scrap
tires in the phase until the following occur:
(a)
A construction
certification report for the phase, prepared in accordance with the paragraph
(H) of rule
3745-580-705 of the
Administrative Code, has been submitted to Ohio EPA and the approved board of
health.
(b)
The owner or operator has received written concurrence
from the appropriate Ohio EPA district office for the components specified in
paragraph (F)(1) of rule
3745-580-705 of the
Administrative Code.
(3)
Construction
compliance. Upon discovery by the owner or operator, or upon notification by
Ohio EPA that a failed test or an alteration has occurred in construction of
any engineered component or portion of the facility, the owner or operator
shall comply with the following procedures:
(a)
Failed test. For
the purposes of this rule, a failed test occurs when a test performed on a
component of the scrap tire monofill facility yields a result that does not
meet the specifications outlined in the applicable authorizing document or
other requirements of this chapter. If, prior to submission of the construction
certification report for the component or portion of the facility, the owner or
operator determines that there is a failed test, the owner or operator shall do
the following:
(i)
Assess the component or portion of the facility to
determine if the construction is in compliance with the applicable authorizing
document or other requirements of this chapter.
(ii)
Implement
measures to attain compliance with the applicable authorizing document or other
requirements of this chapter. An area with a verified failure shall be
reconstructed and retested at a frequency sufficient to demonstrate to Ohio EPA
that compliance has been achieved.
(b)
Alteration. For
an alteration, the following:
(i)
Include the applicable testing results and an
explanation of the alteration in the certification report alterations section
specified in rule
3745-580-705 of the
Administrative Code.
(ii)
Provide a demonstration in the certification report
that the alteration is at least equivalent to the requirement in the applicable
authorizing document or other requirements of this chapter.
(iii)
Submit the
certification report to Ohio EPA and the approved board of
health.
(iv)
Continue to comply with paragraph (C)(2) of this
rule.
[Comment: Paragraph (C)(3)(b) of this rule applies only to a change that qualifies as an alteration as that term is defined in rule 3745-500-02 of the Administrative Code. Paragraph (A) of rule 3745-580-701 of the Administrative Code specifies an owner or operator to obtain a permit to install prior to the establishment of a new or modification of an existing scrap tire monofill facility. Obtaining concurrence for an alteration in accordance with the procedures outlined in paragraph (C)(3) of this rule does not relieve the owner or operator from liability for failure to obtain a permit to install to modify the facility if the change being addressed constitutes a modification.]
(c)
Detection after
submission of certification report. For a certification report that is in error
because a failed test or alteration was detected after submission of the
construction certification report to Ohio EPA, the following:
(i)
Notify the
appropriate Ohio EPA district office and the approved board of health of the
noncompliance not later than twenty-four hours after discovery by telephone and
not later than seven days after discovery in writing.
(ii)
Not later than
fourteen days after submitting the written notification specified in paragraph
(C)(3)(c)(i) of this rule, either of the following:
(a)
Comply with the
applicable steps outlined in paragraph (C)(3)(a) of this rule and amend and
resubmit the construction certification report to explain the circumstances and
how compliance was achieved.
(b)
Submit the
information specified in paragraph (C)(3)(b) of this rule.
[Comment: Compliance with paragraph (C)(3)(c) of this rule does not relieve the owner or operator from liability for failure to construct or operate the scrap tire monofill facility in strict compliance with the applicable authorizing documents, other requirements of this chapter, or for failure to submit a certification report that is true, accurate, and complete as specified in rule 3745-580-705 of the Administrative Code.]
(4)
The owner or
operator of a scrap tire monofill facility shall maintain the integrity of the
engineered components of the facility, investigate any damaged engineered
components, and repair or reconstruct any damage or failure in compliance with
the existing applicable authorizing documents. If a redesign is necessary, the
owner or operator of the scrap tire monofill facility shall obtain prior
approval of an alteration or modification.
(D) General operational criteria.
(1)
Financial assurance. The owner or operator shall ensure
financial assurance is executed and maintained as follows:
(a)
Executed and
funded prior to license issuance in accordance with rule
3745-503-05 of the
Administrative Code for the closure cost estimate calculated in accordance with
rule 3745-580-22 of the
Administrative Code.
(b)
Maintained annually in accordance with rule
3745-580-22 of the
Administrative Code.
(2)
Access.
(a)
The owner or
operator shall construct and maintain all-weather access roads within the
facility boundary in such a manner as to withstand the anticipated degree of
use and allow passage of the loaded refuse vehicles at all times, with minimum
erosion and dust generation.
(b)
The owner or
operator shall limit access to the facility by non-employees except during
operating hours when operating personnel are present. The owner or operator
shall, at all times, limit access to the facility as necessary to prevent
scavenging and salvaging operations not conducted in accordance with paragraph
(D)(5) of this rule. This paragraph does not apply to the board of health, the
director, or an authorized representative, who upon proper identification may
enter the facility at any time to determine compliance with this
chapter.
(3)
The owner or operator shall clear naturally occurring
vegetation to the extent necessary for proper operation of the
facility.
(4)
Equipment. The owner or operator shall ensure that
operable equipment of adequate size and quantity for the operations of the
facility is available at all times, or that a prepared contingency plan is
implemented to properly handle and dispose of scrap tires in the event of
equipment failure. The owner or operator shall have adequate equipment,
material, and services available at or near the facility to control
fire.
(5)
Scavenging and salvaging. The owner or operator may
only conduct salvaging in a manner authorized by Ohio EPA.
(6)
Personnel. The
owner or operator shall ensure that operations at the facility are performed by
individuals who are thoroughly familiar with proper operational procedures and
with the approved detail plans, specifications, and
information.
(7)
Inclement weather. The owner or operator shall ensure
preparations have been made such that, during inclement weather, the facility
is able to receive and cover incoming scrap tires. The preparations shall
include but are not limited to construction and maintenance of all-weather
access roads leading from the point where loaded vehicles enter the site to the
inclement weather areas, construction and maintenance of storage areas
dedicated for use only during inclement weather, and stockpiling of cover
material.
(8)
Waste acceptance and placement.
(a)
Prior to
accepting scrap tires at a new facility, in a lateral expansion area, or in a
vertical expansion, the owner or operator shall comply with the applicable
requirements for leachate treatment or disposal, discharges to surface waters,
management of surface water runoff, and air emissions.
(b)
Prior to
accepting scrap tires in the first phase of a new scrap tire monofill facility,
the owner or operator shall ensure the facility has been inspected by the
licensing authority and that written concurrence has been received stating that
the facility is ready to begin accepting scrap tires for
disposal.
(c)
The owner or operator shall not begin filling in a new
phase without completing the previous phase, except to the extent necessary for
the proper operation of the scrap tire monofill facility.
(d)
The owner or
operator shall confine unloading of scrap tires to the scrap tire handling area
and ensure that unloading is supervised by competent operating personnel and
that the amount is kept within permitted limits.
(e)
The owner or
operator shall not deposit scrap tires that are burning or at a temperature
likely to cause fire at the working face. The owner or operator shall deposit
such material in a separate location at a sufficient distance from the working
face to prevent fires from spreading to the working face and immediately
extinguish the scrap tires by covering them with a sufficient amount of earth
or other material, or by spraying them with water or other appropriate fire
suppressant. The owner or operator shall notify the board of health and the
Ohio EPA district office not later than twenty-four hours prior to placing the
material in the working face.
(f)
To ensure
extinguishment and prior to placement at the working face for disposal, the
owner or operator shall ensure that burned tire product is cooled to ambient
air temperature and scrap tires are completely extinguished before they are
placed in the scrap tire monofill or moved to another site.
(g)
The owner or
operator shall ensure that any scrap tires arriving at the facility not
immediately placed in the working face or scrap tires in an unprocessed form
are placed at the facility's temporary scrap tire storage area as specified in
paragraph (D)(15) of this rule.
(h)
Except as
provided in paragraph (D)(8)(e) of this rule, the owner or operator shall
ensure that scrap tires admitted to the facility are deposited at the working
face or in the temporary storage area. An alternative method may be used if
approved by the director. During periods when inclement weather prevents
compliance with this rule, the scrap tires shall be deposited at the area
prepared in accordance with paragraph (D)(7) of this rule.
(i)
Only off the road
construction and mining equipment tires that have a bead width of at least
fourteen inches or larger and a rim or wheel diameter of a least twenty-four
inches or larger are authorized to be placed in the working face of a monofill
without being processed. The owner or operator shall place the scrap tires in
the working face and fill with either soil, processed tires, or other material
approved for disposal at the facility to prevent possible future settling above
these scrap tires.
(j)
The owner or operator shall not deposit processed scrap
tires in the working face of the monofill in depths greater than ten feet prior
to applying geotextile fabric and a soil layer, a minimum of twenty-four inches
thick.
(9)
The owner or operator shall perform chemical
compatibility testing if the director determines that such testing is necessary
to demonstrate that the scrap tires to be received at the facility will not
compromise the integrity of any material used to construct the
facility.
(10)
Inspection.
(a)
The owner or operator shall inspect the scrap tire
monofill facility at least daily for ponding, erosion, and leachate outbreaks
and make available to the licensing authority written results of the
inspections, including any corrective actions employed.
(b)
The owner or
operator shall inspect sedimentation ponds and sedimentation pond discharge
structures, including pipes, ditches, and culverts, at least weekly for
erosion, clogging, or failure, and take prompt corrective action, if necessary.
The owner or operator of a scrap tire monofill facility shall maintain a log
including inspection results, any corrective actions, and the date and weather
conditions for any water quality samples, and provide the log to the licensing
authority upon request.
(11)
Approved permit
to install, detail plans, and specifications. The owner or operator shall
ensure a copy of the approved permit to install, detail plans, specifications,
and information is maintained at the facility and is available and is available
for inspection by the board of health, director, or an authorized
representative, upon request during normal operating hours.
(12)
The owner or
operator of a facility shall not admit scrap tires to any area of the facility
until site preparations for that area have been completed, necessary equipment
has been brought to the facility, the facility has been adequately prepared for
operation, and the prepared site has been inspected by the licensing
authority.
(13)
The owner or operator shall clean out sedimentation
ponds completely, to ensure the proper operation of the ponds when the volume
of settled particles necessitates cleaning based either on inspection results
or on the sediment pond design calculations specified in paragraph (C)(5)(k) of
rule 3745-580-701 of the
Administrative Code.
(14)
The owner or operator shall comply with the record
keeping and reporting requirements contained in rule
3745-580-715 of the
Administrative Code.
(15)
Temporary storage of scrap tires. The owner or operator
of the scrap tire monofill facility may maintain a temporary scrap tire storage
area. The owner or operator of the scrap tire monofill facility shall ensure
the temporary scrap tire storage area does not exceed ten thousand square feet
and store whole, cut, baled, rough shredded scrap tires, and processed scrap
tire shreds in a manner that ensures the following:
(a)
Each scrap tire
storage pile is limited to no greater than two thousand five hundred square
feet in area.
(b)
For processed scrap tires measuring less than four
inches in any dimension, each storage pile is limited to dimensions of one
hundred and twenty-five feet long and fifty feet wide.
(c)
A minimum
isolation distance of fifty feet from possible ignition sources is
maintained.
(d)
Scrap tire storage areas and fire breaks are free of
combustible materials and obstructions.
(e)
For inside
storage, the following:
(i)
An aisle width between scrap tire storage piles of at
least eight feet.
(ii)
A clearance distance of at least eighteen inches from
the top of the scrap tire storage piles to sprinkler
deflectors.
(iii)
A clearance distance of at least three feet from the
top of the scrap tire storage piles to roof structures.
(iv)
A clearance
distance of at least three feet from the top of the scrap tire storage piles to
heaters, ducts, and flues, or in accordance with the clearance distances
recommended by the equipment manufacturer.
(f)
For outside
storage, the following:
(i)
Scrap tires are not located under the following:
(a)
Bridges.
(b)
Elevated
trestles, roadways, or railroads.
(c)
Electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems.
(ii)
Scrap tire
storage piles are no greater than fourteen feet high.
(iii)
Fire breaks
meet the specifications of rule
3745-580-07 of the
Administrative Code.
(iv)
Storage piles may be larger than specified in this rule
if approved by the director.
(E) Cell cover. The owner or operator shall apply cover to exposed scrap tires in the cell at the end of the work week to control fire hazards, insects, vectors, and rodents. Cover material shall be nonputrescible, not be solid waste, and not contain large objects in such quantities as may interfere with its application and intended purpose of preventing the ignition and spread of a fire at the facility, the movement of leachate from ponding, and the breeding of mosquitoes.
(1)
Cell cover shall be a minimum of twelve inches thick and be
removed or prepared as necessary so as not to impede the flow of leachate to
the leachate collection system within the limits of waste placement prior to
the placement of the next layer of scrap tires in that area. The soil for the
cell cover shall meet either of the following:
(a)
Possess
properties of a fine-grained soil as defined in the unified soil classification
system described in ASTM D2487-00.
(b)
Be an alternative
soil type authorized by Ohio EPA to provide comparable protection and is
protective of human health and the environment.
(2)
Frequencies,
other than weekly, may be authorized by Ohio EPA to provide comparable and
adequate protection.
(F) Intermediate cover.
(1)
To
minimize infiltration and prevent fire and mosquito breeding, the owner or
operator shall apply intermediate cover to filled areas of the facility where
additional scrap tires are not to be deposited for at least one hundred eighty
days. Ohio EPA may authorize the use of an alternative time period if the owner
or operator can demonstrate to Ohio EPA that, through use of the alternative
time period, infiltration or ponding of water that may breed mosquitoes, and
the possibility of fire, will not be increased.
(2)
Intermediate
cover material shall be nonputrescible and have low permeability to water, good
compactability, cohesiveness, and relatively uniform texture, and not contain
large objects in such quantities as may interfere with its application and
intended purpose of preventing the ignition and spread of fire, the movement of
leachate from ponding, and the breeding of mosquitoes.
(3)
The owner or
operator shall use a layer of geo-textile fabric and a soil layer, a minimum of
twenty-four inches thick. The soil for the intermediate cover shall meet either
of the following:
(a)
Possess properties of a fine-grained soil as defined in
the unified soil classification system described in ASTM D2487.
(b)
Be an alternative
soil type acceptable to Ohio EPA.
(4)
The owner or
operator shall remove or prepare intermediate cover in an area as necessary
prior to the placement of the next layer of scrap tire in that area so as not
to impede the flow of leachate to the leachate collection system within the
limits of waste placement.
(5)
The owner or
operator shall perform measures to protect the intermediate cover from erosion
if the intermediate cover is exposed or will be exposed for more than one
hundred eighty days.
(G) Final cover. The owner or operator shall construct the final cap system when a phase has reached approved final elevations of scrap tire placement, in accordance with paragraph (B)(11) of rule 3745-580-705 of the Administrative Code.
(H) Scales. The owner or operator of a scrap tire monofill facility shall use scales as the sole means of determining gate receipts. Scales shall be inspected, tested, and approved by the county auditor or city sealer having jurisdiction where the scale is located and meet the specifications, tolerances, and regulatory requirements of section 1327.49 of the Revised Code.
(I) Surface water management.
(1)
The owner or
operator shall ensure that surface water at a scrap tire monofill facility is
diverted from areas where scrap tires are being, or have been, deposited. The
owner or operator shall ensure that a scrap tire monofill facility is designed,
constructed, maintained, and provided with surface water control structures
that control run-on and runoff of surface water. The surface water control
structures shall ensure minimal erosion and infiltration of water through the
cover material and cap system and be designed in accordance with paragraph
(B)(8) of rule
3745-580-705 of the
Administrative Code.
(2)
The owner or operator shall manage surface water in
compliance with the requirements of Chapter 6111. of the Revised
Code.
(3)
If ponding or erosion occurs on areas of the scrap tire
monofill facility where scrap tires are being, or have been, deposited, the
owner or operator shall undertake actions as necessary to correct the
conditions causing the ponding or erosion.
(4)
If a substantial
threat of surface water pollution exists, the director or board of health may
require the owner or operator to monitor the surface water.
(J) Leachate management.
(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)
If a leachate
outbreak occurs at the scrap tire monofill facility, the owner or operator
shall repair the outbreak and do the following:
(a)
Contain and
properly manage the leachate at the facility.
(b)
If necessary,
collect and dispose of the leachate in accordance with paragraphs (J)(6) and
(J)(7) of this rule.
(c)
Take action to minimize, control, or eliminate the
conditions which contribute to the production of leachate.
(3)
The
owner or operator shall maintain at least one lift station back-up pump at the
scrap tire monofill facility at all times.
(4)
The owner or
operator shall visually or physically inspect the collection pipe network of
the leachate management system after placement of the initial lift of scrap
tires and annually thereafter to ensure that clogging of the collection pipe
network has not occurred.
(5)
If authorized by Ohio EPA, the owner or operator may
temporarily store leachate within the limits of waste placement until the
leachate can be treated and disposed as outlined in rule
3745-580-701 of the
Administrative Code.
(6)
The owner or operator shall treat and dispose of
collected leachate in accordance with the one of the following:
(a)
On site at the
scrap tire monofill facility.
(b)
Through on-site
pretreatment at the scrap tire monofill facility and off-site
disposal.
(c)
Off-site of the scrap tire monofill
facility.
(7)
The owner or operator shall prepare a contingency plan
for the storage and disposal of leachate and place a copy in the operating
record. The plan shall describe the immediate and long-term steps, including
the identification of available back-up treatment facilities if applicable or
the setting aside of land for the construction and operation of an on-site
treatment facility to be taken for leachate management in the event that
collected leachate cannot be managed in accordance with the management option
selected in paragraph (J)(6) of this rule.
(8)
If a substantial
threat of water pollution exists from the leachate entering surface waters, the
director or health commissioner may require the owner or operator to monitor
the surface water.
(K) [Reserved.]
(L) [Reserved]
(M) Ten-year design demonstration. Upon every tenth anniversary of the effective date of the initial permit to install issued to the owner or operator of the scrap tire monofill facility pursuant to Chapter 3734. of the Revised Code and each tenth anniversary thereafter, the owner or operator shall submit to Ohio EPA an analysis demonstrating that the design of the unconstructed portions of the facility continues to be consistent with the design standards established in the current version of rule 3745-580-705 of the Administrative Code. If the director determines that the design is no longer consistent with the standards established in the current version of rule 3745-580-705 of the Administrative Code, then the director may require the owner or operator to make the necessary changes to the scrap tire monofill facility to bring the facility into compliance with the design standards in the current version of rule 3745-580-705 of the Administrative Code. If these changes will result in deviations from what is contained in the current authorizing document, the owner or operator shall obtain the appropriate authorization from Ohio EPA prior to making the changes. If a permit to install application is required, the director shall not apply the criteria outlined in paragraph (H) of rule 3745-580-703 of the Administrative Code when considering the permit to install application.
[Comment: A deviation may be an alteration, a modification, or another change depending upon the significance of the deviation.]
(N) Submergence facilities. The following are not applicable to a scrap tire submergence facility:
(1)
Paragraph
(D)(8)(a) of this rule. In lieu of paragraph (D)(8)(a) of this rule, prior to
accepting scrap tires at a new scrap tire submergence facility or an expansion
of an existing scrap tire submergence facility, the owner or operator shall
comply with the applicable requirements in Chapter 3704. or 6111. of the
Revised Code.
(2)
Paragraph (D)(8)(c) of this rule.
(3)
Paragraph (E) of
this rule.
(4)
Paragraph (F) of this rule.
(5)
Paragraph (G) of
this rule.
(6)
Paragraph (J) of this rule.
Replaces: 3745-27-75
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