Current through all regulations passed and filed through September 16, 2024
(A)
Final
closure/post-closure care plan. The final closure/post-closure care plan
containing the following information shall be submitted as part of a permit to
install application and not later than one hundred and eighty days prior to the
anticipated date to cease accepting scrap tires:
(1)
The name and
location of the facility.
(2)
Any variances or exemptions from the requirements of
this rule or rule
3745-580-726 of the
Administrative Code or any alternative schedule for completing final closure
activities.
[Comment: For a variance, exemption, or
alternative schedule, the rule requirements are applicable and enforceable
unless a request is submitted and prior approval is received.]
(3)
The
name, address, email address, and telephone number of the person or office to
contact regarding the scrap tire monofill facility during the final closure and
post-closure care periods.
(4)
The following
information to be presented in the same manner as outlined in rule
3745-580-705 of the
Administrative Code, with the information contained in paragraphs (B)(4)(a) to
(B)(4)(e) of this rule signed and sealed by a professional engineer registered
in Ohio:
(a)
Plan drawings of the horizontal limits and top elevations of
waste and the cap system, surface water control structures including permanent
ditches to control run-on and runoff, and sedimentation ponds including the
inlet and outlet.
(b)
An established grid system with northings and eastings
not more than five hundred feet apart.
(c)
Detail drawings
of the composite cap system including but not limited to the relationship of
the composite cap system to the recompacted soil liner, any penetrations, cap
drainage structures and surface water run-on and runoff control
structures.
(d)
Detail drawings of sedimentation pond and discharge
structures and surface water run-on and runoff control
structures.
(e)
Static and seismic stability analysis.
(f)
The financial
assurance information contained in rule
3745-580-22 of the
Administrative Code.
(5)
A description of
availability and suitability of cap material.
(6)
The quality
assurance/quality control plan for cap system construction in accordance with
paragraph (F) of rule
3745-580-705 of the
Administrative Code.
(7)
A description of anticipated measures to control
erosion during closure, signed and sealed by a professional engineer registered
in Ohio.
(8)
Contingency plans for ground water contamination,
leachate, fire, and differential settling.
(B)
Mandatory
closure. Approval of the final closure/post-closure care plan does not affect
the owner's or operator's obligations to begin and complete final closure
activities in accordance with paragraph (F) of this rule. The owner or operator
shall begin final closure activities in accordance with the final
closure/post-closure care plan and paragraph (F) of this rule not later than
seven days after occurrence of any of the following:
(1)
A solid waste
license issued for the scrap tire monofill facility has expired, and a renewal
license has not been applied for in the manner prescribed in Chapter 3745-501
of the Administrative Code.
(2)
A solid waste
license issued for the scrap tire monofill facility has expired, and another
license has been applied for and denied as a final action.
(3)
A solid waste
license issued for the scrap tire monofill facility has been revoked as a final
action.
(4)
The owner or operator declares that the facility will
cease acceptance of scrap tires for disposal.
(5)
All approved
limits of solid waste placement for the facility have been
reached.
(C)
Notification of anticipated date to cease acceptance of
scrap tires.
(1)
The owner or operator shall provide notice by certified mail
or any other form of mail accompanied by a receipt of the anticipated date on
which the scrap tire monofill will cease to accept scrap tires if final closure
is to be triggered in accordance with paragraph (C)(1), (C)(4) or (C)(5) of
this rule. Such notice shall be provided not later than ninety days prior to
the anticipated date on which the scrap tires will cease to be
accepted.
(2)
The owner or operator shall send a copy of the notice
specified in paragraph (D)(1) of this rule to the following:
(a)
The approved
board of health having jurisdiction.
(b)
The single or
joint county solid waste management district or regional solid waste management
authority where the scrap tire monofill is located or that is served by the
scrap tire monofill.
(c)
Ohio EPA.
(3)
Not later than
thirty days prior to the anticipated date on which the scrap tire monofill
facility will cease to accept scrap tires, notice shall be provided by
certified mail or any other form of mail accompanied by a receipt to Ohio EPA
of any changes to the information that identifies the facility's final closure
contact person.
(D)
The owner or operator shall send notification by
certified mail or any other form of mail accompanied by a receipt to the
director and to approved board of health having jurisdiction, of the actual
date that the scrap tire monofill facility ceased to accept scrap tires.
Notification shall be sent to Ohio EPA and the approved board of health having
jurisdiction not later than seven days after the date specified in the
notification.
(E)
The owner or operator shall complete final closure of
the scrap tire monofill facility as follows:
(1)
Upon ceasing
acceptance of scrap tires at a scrap tire monofill facility, post signs easily
visible from all access roads leading onto the scrap tire monofill facility,
stating in letters not less than three inches high that the scrap tire monofill
facility no longer accepts scrap tires.
(2)
Upon ceasing
acceptance of scrap tires at the scrap tire monofill facility, block, by locked
gates, fencing, or other sturdy obstacles, of all entrances and access roads to
the scrap tire monofill facility to prevent unauthorized access during the
final closure and post-closure care periods.
(3)
Construct a
composite cap system in accordance with rule
3745-580-705 of the
Administrative Code, consisting of a geotextile fabric, a soil barrier layer, a
granular drainage layer, and cap protection layer.
(4)
Install the
necessary surface water control structures including permanent ditches to
control run-on and runoff and sedimentation ponds, as shown in the final
closure/post-closure care plan and grade all land surfaces as necessary to
prevent ponding of water where scrap tires have been placed and institute
measures to control erosion.
[Comment: The minimum slope standard in
rule 3745-580-705 of the
Administrative Code is a design standard. For closure certification, it is not
necessary to regrade the site if there is not a ponding problem, even if the
slope no longer meets the design in the closure/post-closure care
plan.]
(5)
Record a notation on the plat and deed to the scrap
tire monofill facility property, or on some other instrument that is normally
examined during title search, that will in perpetuity notify any potential
purchaser of the property. The notation shall describe the impacted acreage,
exact location, depth, volume, and nature of the scrap tires deposited in the
scrap tire monofill facility.
(6)
Comply with rule
3745-580-710 of the
Administrative Code and all necessary monitoring and reporting activities
during the operating life of the scrap tire monofill facility until the closure
certification is submitted and the post-closure care period begins.
(F)
Final closure activities shall be completed not later
than one year after any of the occurrences in paragraph (C) of this rule unless
an alternative schedule has been authorized by Ohio EPA.
(G)
Final closure
certification. Not later than ninety days after completion of final closure
activities, the owner or operator shall submit to Ohio EPA and the approved
board of health a written certification report signed and sealed by a
professional engineer registered in Ohio. The final closure certification shall
contain verification that the scrap tire monofill facility has been closed in
accordance with this rule and the final closure/post-closure care plan and at a
minimum, include the following:
(1)
A list of the construction certification reports for
construction of the composite cap system with the date of submittal and a
topographic map of the entire scrap tire monofill facility showing the areas
certified by each report. The map shall also show the horizontal limits of
waste placement and the surface water control structures including permanent
ditches to control run-on and runoff, and if present, the sedimentation pond
including the inlet and outlet and the outlet of any permanent ground water
control structures.
(2)
A copy of the plat and deed or other instrument that is
normally examined during a title search, showing the notation specified in
paragraph (F)(5) of this rule and bearing the mark of recordation of the office
of the county recorder for the county in which the property is
located.
(3)
A demonstration that the signs specified in paragraph
(F)(1) of this rule has been posted, and that all entrances and access roads
have been blocked as specified in paragraph (F)(2) of this
rule.
(H)
The board of health or the director, or an authorized
representative, upon proper identification, may enter the scrap tire monofill
facility at any time during the final closure period for the purpose of
determining compliance with this rule.
(I)
The owner or
operator shall complete final closure of a scrap tire monofill facility in a
manner that minimizes the need for further maintenance and minimizes
post-closure formation and release of leachate to air, soil, ground water, or
surface water to the extent necessary to protect human health and the
environment.
(J)
In addition to the specifications of paragraphs (A) to
(I) of this rule, the owner or operator of a scrap tire submergence facility
shall perform the following closure activities:
(1)
Remove all scrap
tires from the facility.
(2)
Prior to discharging water from the facility to waters
of the state, perform testing and obtain necessary authorizations as specified
in Chapter 6111. of the Revised Code and the rules adopted
thereunder.
(3)
Perform such other activities as are necessary to close
the facility in a manner that is protective of human health, safety, and the
environment.
(K)
The following are not applicable to the owner or
operator of a scrap tire submergence facility:
(1)
Paragraphs (B)(4)
to (B)(8) of this rule with the exception of paragraphs (B)(4)(f) and (B)(7) of
this rule.
(2)
Paragraph (F)(3) of this
rule.
Replaces: 3745-27-73
