Section 3745-580-725 - Final closure of a scrap tire monofill facility(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.(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
Ohio Admin. Code 3745-580-725
Effective: 6/30/2023
Five Year Review (FYR) Dates: 06/30/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12, 3734.72
Rule Amplifies: 3734.02, 3734.12, 3734.72, 3734.77
Prior Effective Dates: 03/01/1996, 08/15/2003