Section 3745-535-01 - Solid waste landfills - applicability(A) This chapter is the program chapter for the operation of solid waste landfills.(B) Except as provided in paragraph (D) of this rule, this chapter is applicable to any person who establishes or is the owner or operator of a solid waste landfill.(C) In addition to the rules made applicable by reference in this chapter, the following also apply: (1) Rule 3745-27-06 of the Administrative Code, which pertains to solid waste landfill permits to install.(2) Rule 3745-27-07 of the Administrative Code, which pertains to criteria for approval of solid waste landfill permits to install.(3) Rule 3745-27-08 of the Administrative Code, which pertains to solid waste landfill construction.(4) Rule 3745-27-09 of the Administrative Code, which pertains to the operating record.(5) Rule 3745-27-10 of the Administrative Code, which pertains to ground water monitoring, assessment, and corrective measures.(6) Rule 3745-27-11 of the Administrative Code, which pertains to closure of a solid waste landfill.(7) Rule 3745-27-12 of the Administrative Code, which pertains to explosive gas monitoring and corrective measures.(8) Rule 3745-27-14 of the Administrative Code, which pertains to post-closure care of a solid waste landfill.(9) Rules 3745-27-15 to 3745-27-18 of the Administrative Code, which pertain to financial assurance.(10) Rule 3745-27-20 of the Administrative Code, which pertains to prohibitions and location restrictions.(11) Rule 3745-500-01 of the Administrative Code, which pertains to the applicability of Chapter 3745-500 of the Administrative Code.(12) Rule 3745-500-35 of the Administrative Code, which pertains to relationships among authorizing documents, rules, and the authority of the director and board of health.(13) Rule 3745-500-210 of the Administrative Code, which pertains to a variance from this chapter.(14) Rule 3745-500-220 of the Administrative Code, which pertains to an exemption from this chapter.(15) Rule 3745-512-30 of the Administrative Code, which pertains to construction activities.(16) Rule 3745-512-55 of the Administrative Code, which pertains to failed tests and alterations.(17) Rule 3745-512-60 of the Administrative Code, which pertains to the repair of damaged or failed engineered components.(18) Chapter 3745-502 of the Administrative Code, which pertains to solid waste fees.(D) This chapter is not applicable to the following: (1) Solid wastes generated within a single-family residence and disposed of on the premises where generated in a manner that does not create a nuisance or health hazard.(2) The temporary storage of solid wastes prior to collection for disposal or transfer. The temporary storage of putrescible solid wastes in excess of seven days, or temporary storage of any solid wastes where such storage causes a nuisance or health hazard in the judgment of the health commissioner or the director or their authorized representative shall be considered open dumping.(3) The beneficial use of coal combustion byproducts at coal mining and reclamation operations and abandoned mine lands that are regulated and authorized by the Ohio department of natural resources pursuant to section 1513.02 of the Revised Code.(4) Pond and lagoon operations regulated under Chapter 6111. of the Revised Code.(5) Sewage sludge disposal, use, transportation, or storage as approved under Chapter 6111. of the Revised Code.(6) Land application of the following solid wastes authorized under Chapters 3734. and 6111. of the Revised Code, as applicable:(a) Agricultural waste for incorporation into soil as a soil amendment or for agricultural or horticultural applications, provided that all of the following conditions are met: (i) The agricultural waste is limited to source-separated non-processed plant materials including stems, leaves, vines, roots, and raw vegetables, fruits, and grains.(ii) The agricultural waste is land-applied exclusively on fields owned by the owner of the agricultural production operation that generated the agricultural waste.(iii) The land application of the agricultural waste does not create a nuisance or health hazard in the judgment of the health commissioner or the director.(b) Pulp or paper sludge from wastewater treatment works.(d) Compost product blended with a solid waste.(e) Lime-based or gypsum-based waste including but not limited to flue gas desulfurization sludge, lime kiln, or cement kiln dust.(7) Tree stumps that are disposed in a licensed construction and demolition debris facility.(8) Land application of yard waste for incorporation into soil as a soil amendment, for agricultural or horticultural applications, or for land reclamation, provided that such land application does not create a nuisance or health hazard in the judgment of the health commissioner or the director.(9) The disposal of animals destroyed because of a dangerously infectious or contagious disease in accordance with section 941.14 of the Revised Code.(10) An industrial landfill or residual landfill licensed and permitted in accordance with Chapter 3745-30 of the Administrative Code.(11) The land application of a beneficial use byproduct that is authorized pursuant to and conducted in compliance with Chapter 3745-599 of the Administrative Code.Ohio Admin. Code 3745-535-01
Effective: 6/15/2024
Five Year Review (FYR) Dates: 06/15/2029
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.041, 3734.12, 3734.57
Rule Amplifies: 3734.02, 3734.03, 3734.041, 3734.05, 3734.12, 3734.57