3745-27-87. Terminating and suspending an authorization to stabilize waste through bulk liquid addition by the director; corrective measures  


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  • (A) The director may terminate or suspend an authorization to stabilize waste through bulk liquid addition.

    (B) An authorization may be terminated or suspended by the director if any of the following is observed or reported or is the subject of a complaint:

    (1) Odors.

    (2) Indications of excessive liquid addition, including or as evidenced by any of the following:

    (a) Gas wells are flooded with liquid or landfill gas production has decreased.

    (b) Ponding of liquid or seepage of leachate near the point of introduction of the bulk liquid.

    (c) The amount of liquid addition exceeds the liquid addition authorized in the authorization to stabilize waste through bulk liquid addition.

    (d) The amount of leachate collected exceeds the calculated amount of liquid that can be added without exceeding one foot of head on the composite liner system, or two thousand gallons per acre per day, whichever is less.

    (e) The depth of leachate on the composite liner system exceeds one foot.

    (f) Leachate outbreaks with a constant liquid output and flow down the side slope are observed.

    (g) Abnormal vibration or shaking caused by traffic is detected when standing on the waste several feet away.

    (h) Trucks or vehicles sinking into soft waste, particularly if the waste is wet or saturated, where the sinking is persistent and not weather-related.

    (3) Indications of fire at the facility, including or as evidenced by any of the following:

    (a) Heat.

    (i) Temperature of landfill gas at the wellhead is measured above one hundred thirty degrees Fahrenheit.

    (ii) Temperature of waste is measured above one hundred seventy degrees Fahrenheit.

    (iii) Abnormal snowmelt patterns.

    (b) Flames or embers or light from embers, combustion, or oxidation.

    (c) Settlement of waste that is unexpected or abnormal.

    (d) Smoke, steam, or vapor.

    (e) Smoldering material.

    (f) Soot, charred material, or combustion residue.

    (g) Stressed vegetation.

    (h) Combustion odors.

    (i) Methane concentration in landfill gas is less than in the control group or less than forty-five per cent by volume.

    (j) Carbon monoxide concentration in landfill gas at a wellhead is measured above one hundred parts per million.

    (4) Adverse impact on the flexible membrane liner component of the composite liner system or composite cap system.

    (5) The gas management system is overwhelmed, including or as evidenced by any of the following:

    (a) Landfill gas or odor emissions that require the owner or operator to make major adjustments of the gas management system to control.

    (b) The volume of landfill gas generated results in the inability of the gas management system to maintain negative pressure.

    (c) The volume of landfill gas exceeds the capacity of the gas management system components.

    (6) Indication of slope instability or occurrence of a slope failure in the area of the research, development, or demonstration project.

    (7) Acceptance of detrimental or prohibited materials identified in the permit to install application as required by paragraph (E)(1) of rule 3745-27-81 of the Administrative Code.

    (8) Evidence that waste stabilization is not occurring (such as acidic leachate with a high chemical oxygen demand and little or no methane in the landfill gas).

    (9) The research, development, or demonstration project is not generating useful information for optimizing waste stabilization.

    (10) Other nuisances or hazards to public health or safety or the environment, or a violation at the facility of Chapter 3704., 3734., or 6111. of the Revised Code or any rule promulgated thereunder.

    (C) When an authorization to stabilize waste through bulk liquid addition is terminated, the director may also terminate other variances, exemptions, or alternatives contained in the authorization to stabilize waste through bulk liquid addition.

    [Comment: Other variances, exemptions, alternatives, or alterations issued to the owner or operator for the facility contained in another authorizing document are not terminated or suspended by the termination or suspension of the authorization to stabilize waste through bulk liquid addition unless so stated in the director's orders.]

    (D) The suspension of an authorization to stabilize waste through bulk liquid addition may apply to all or a part of the authorization. If all or part of the authorization is suspended, the owner or operator may consider changes to implementation of the research, development, or demonstration project and report recommendations to the appropriate district office of the Ohio EPA. The Ohio EPA shall notify the owner or operator when the authorization is no longer suspended.

    (E) If the director terminates the research, development, or demonstration project before the authorization to stabilize waste through bulk liquid addition expires, the remaining period of the term of the authorization to stabilize waste through bulk liquid addition will be available for future research, development, or demonstration projects and shall not be counted toward the twenty-one year limit for acceptance of bulk liquids.

    (F) The director may order implementation of corrective measures to protect public health or safety or the environment.


Effective: 2/7/2017
Five Year Review (FYR) Dates: 11/03/2016 and 11/01/2021
Promulgated Under: 119.03
Statutory Authority: 3734.02
Rule Amplifies: 3734.02
Prior Effective Dates: 6/6/2011