3745-27-74. Post-closure care of scrap tire monofill facilities

(A) Following completion of final closure activities in accordance with rule 3745-27-73 of the Administrative Code the owner, operator, OR permittee or shall conduct post-closure care activities at the scrap tire monofill facility, other than a scrap tire submergence facility, for a minimum of fifteen years. The post-closure care period begins when the certification required by paragraph (J) of rule 3745-27-73 of the Administrative Code has been submitted for a scrap tire monofill facility. Post-closure care activities for a scrap tire monofill facility shall include, but are not limited to the following:

(1) Continuing operation and maintenance of the leachate management system, the surface water management system, and any other required monitoring system.

(2) Maintaining the integrity and effectiveness of the cap system, including making repairs to the cap system as necessary to correct the effects of settling, dead vegetation, subsidence, ponding, erosion, leachate outbreaks, or other events, and preventing run-on and run-off runoff from eroding or otherwise damaging the cap system.

(3) Repairing any leachate outbreaks detected at the scrap tire monofill facility by doing the following:

(a) Contain and properly manage the leachate at the scrap tire monofill facility.

(b) If necessary, collect, treat, and dispose of the leachate, including, if necessary, following the contingency plan for leachate storage and disposal prepared pursuant to rule 3745-27-75 of the administrative code.

(c) Take action to minimize, control, or eliminate the conditions which contribute to the production of leachate.

(4) Quarterly inspection of a scrap tire monofill facility during each year of the post-closure care period and submittal of a written summary to the appropriate Ohio EPA district office not later than fifteen days after the inspection date detailing the results of the inspection and a schedule of any actions to be taken to maintain compliance with paragraphs (A)(1) (A)(2), and (A)(3) of this rule.

(5) Submitting a report to the appropriate Ohio EPA district office and approved health department not later than the first day of April of each year, which contains the following:

(a) A summary of the quantity of leachate collected for treatment and disposal on a monthly basis during the year, and the location of leachate treatment and/or disposal.

(b) Results of analytical testing of an annual grab sample of leachate for the parameters specified in Appendix I of rule 3745-27-79 of the Administrative Code. The grab sample shall be obtained from the leachate management system.

(c) Results of any monitoring required by any orders or authorizing documents, if the orders or authorizing document(s) do not specify a schedule for submittal.

(d) The most recent updated post-closure cost estimate adjusted for inflation and for any change in the post-closure cost estimate required by rule 3745-27-16 of the administrative code.

(6) Records and reports generated by paragraphs (A)(4) and (A)(5) of this rule are to be kept for the duration of the post-closure care period at a location where the records and reports are available for inspection by Ohio EPA or the approved health department during normal working hours.

(B) Upon completion of the post-closure care period, the owner, operator, OR permittee shall submit to the director written certification that the scrap tire monofill facility has completed post-closure activities in accordance with this rule and the "final closure/post-closure plan." based on such factors as the inspections or reports required by paragraphs (A)(4) and (A)(5) of this rule and whether human health or safety or the environment is or will be protected, the director may either discontinue or extend the post-closure care period. The certification shall be accompanied by documentation which demonstrates that all post- closure care activities have been completed. The certification shall be signed and sealed by A professional engineer registered in ohio. The documentation shall include the following:

(1) A summary of changes to leachate quality and quantity.

(2) A summary of any on-going ground water assessment or corrective measures.

(3) An assessment of the integrity and stability of the cap system if post-closure care activities cease.

[Comment: If the landfill shows an improvement to leachate quality, the quantity of leachate generated will not cause an outbreak or slope failure, that ground water monitoring is no longer needed, and that the cap system will maintain its integrity and stability if post-closure care activities cease, the director may release the owner, operator, or permittee from continuing post-closure care activities.]

(C) The health commissioner and the director, or their authorized representatives, upon proper identification, may enter any closed scrap tire monofill facility at any time during the post-closure care period for the purpose of determining compliance with this rule.

R.C. 119.032 review dates: 04/23/2014 and 04/23/2019
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12, 3734.72
Rule Amplifies: 3734.72 , 3734.77
Prior Effective Dates: 3/1/1996, 8/15/2003

Prior History: (Eff 3-1-96; 8-15-03
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3734.02, 3734.12, 3734.72
Rule amplifies: RC 3734.72, 3734.77
R.C. 119.032 review dates: 10/30/2008 and 10/30/2013 )