Section 3745-535-630 - Daily, intermediate, and final cover(A) Daily cover. The owner or operator shall apply daily cover to all exposed solid waste by the end of each working day and maintain the daily cover to control fire hazards, blowing litter, odors, insects, vectors, and rodents as follows: (1) Except for solid waste approved as alternative daily cover in accordance with paragraph (A)(3)(c) of this rule, ensure solid waste is not exposed for more than twenty-four hours after unloading.(2) Apply only cover material that is nonputrescible, does not contain large objects in such quantities as may interfere with its application and intended purpose, and is not solid waste unless the owner or operator has received prior written authorization in accordance with paragraph (A)(3)(c) of this rule.(3) Ensure that a cover material is comprised solely of one or more of the following:(a) A soil layer that is a minimum of six inches thick. The owner or operator shall remove soil applied in an area served by a leachate collection system or otherwise prepare the soil as necessary prior to the placement of the next layer of waste in that area so as not to impede the flow of leachate to the leachate management system within the limits of waste placement.(b) A manufactured material that meets the specifications of ASTM D6826 or ASTM D7008 and is used in accordance with the manufacturer's recommendations.(c) Alternative daily cover for which written approval from the director has been obtained in accordance with either of the following:(i) The director may approve solid waste to be used as alternative material for daily cover if the owner of operator demonstrates to the satisfaction of the director that the solid waste material proposed for use can provide protection comparable to paragraph (A)(3)(a) of this rule and is protective of human health, safety, and the environment.(ii) The director may approve alternative materials, other than solid waste, or other thicknesses for daily cover if the owner or operator demonstrates to the satisfaction of the director that the proposed alternative material or thickness provides protection that is comparable to paragraph (A)(3)(a) or (A)(3)(b) of this rule and is protective of human health, safety, and the environment.(B) Intermediate cover. The owner or operator shall ensure that intermediate cover at the facility meets the following: (1) Is applied to all filled areas of the facility where additional waste will not be deposited for a minimum of thirty days unless an alternative time period is authorized in writing by the director. The director may authorize the use of an alternative time period if the owner or operator demonstrates to the satisfaction of the director that use of the alternative time period will not lead to an increase in infiltration.(2) Is nonputrescible, has a low permeability to water, good compactability, cohesiveness, relatively uniform texture, and does not contain large objects in such quantities as may interfere with its application and intended purpose.(3) Is placed and maintained as a soil layer that is a minimum of twelve inches thick that meets the requirements in paragraph (B)(2) of this rule unless otherwise authorized in writing by the director. The director may authorize the use of other materials or thicknesses for intermediate cover if the owner or operator demonstrates to the satisfaction of the director that the proposed intermediate cover material or thickness provides comparable and adequate protection.(4) Is removed or otherwise prepared as necessary prior to the placement of the next layer of waste in that area, so as not to impede the flow of leachate to the leachate management system within the limits of waste placement.(5) Is protected from erosion and is repaired for erosion damage at a minimum of once during the spring and once during the fall.(6) Is covered with agronomically appropriate quantities of seed, mulch, and fertilizer not later than one hundred twenty days after application where additional waste will not be deposited for at a minimum three hundred sixty-five days, unless an alternative time period that minimizes sediment runoff is authorized in writing by Ohio EPA.(C) Final cover. Upon reaching the approved final elevations of waste placement in a phase, or in accordance with an alternate schedule approved by the director, the owner or operator shall do the following:(1) Construct a composite cap system in accordance with rule 3745-27-08 of the Administrative Code over the entire phase where final elevations of waste placement in a phase have been reached as follows:(a) Complete construction not later than one hundred eighty days after the final elevations of waste placement have been reached.(b) Apply seed, mulch, and, as necessary, fertilizer to the cap protection layer.(2) In lieu of paragraph (C)(1) of this rule, construct transitional cover in accordance with rule 3745-27-08 of the Administrative Code over the entire phase where final elevations of waste placement in that phase have been reached as follows:(a) Complete construction not later than one hundred twenty days after the final elevations of waste placement have been reached.(b) Apply seed, mulch, and, as necessary, fertilizer to the soil transitional cover.(c) Prior to commencing construction of transitional cover, submit a written notice to Ohio EPA and the approved health district describing where transitional cover will be installed in accordance with rule 3745-27-08 of the Administrative Code and place a copy of notice in the operating record.(3) Notwithstanding any prior notification that transitional cover will be constructed, when all phases in a unit have reached approved final elevations of solid waste placement, construct a composite cap system in accordance with rule 3745-27-08 of the Administrative Code over the entire unit in compliance with paragraphs (C)(1)(a) and (C)(1)(b) of this rule.(4) Notwithstanding any prior notification that transitional cover will be constructed, the owner or operator may choose to comply with paragraph (C)(1) of this rule by providing written notice to Ohio EPA and the approved health district of any change from a previously submitted notification prior to construction of a composite cap system in accordance with paragraph (C)(1) of this rule.(D) Not later than one hundred eighty days after completing construction of the cap system or soil transitional cover, the owner or operator shall establish vegetative cover such that plant growth is observable. If soil is visible through the vegetative cover three hundred sixty-five days after planting vegetative cover in accordance with this paragraph, the owner or operator shall implement sufficient measures to establish dense vegetative cover that may include seeding, mulching, fertilizing, or the application of soil. Replaces: 3745-27-19
Ohio Admin. Code 3745-535-630
Effective: 6/15/2024
Five Year Review (FYR) Dates: 06/15/2029
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule Amplifies: 3734.02, 3734.12
Prior Effective Dates: 07/29/1976, 03/01/1990, 06/01/1994, 02/01/1995, 03/01/1996, 08/15/2003, 07/01/2004, 11/01/2007, 01/01/2017