Section 3745-27-11 - Final closure of a sanitary landfill facility(A) Applicability. (1) The owner or operator of a sanitary landfill facility shall keep the "final closure/post-closure plan" in the operating record of the sanitary landfill facility in accordance with rule 3745-27-09 of the Administrative Code.(2) The owner or operator of a sanitary landfill facility that ceased waste acceptance prior to June 1, 1994, as determined by the notification pursuant to paragraph (E) of this rule, shall comply with one of the following: (a) If the director has approved a final closure/post-closure plan for a sanitary landfill facility, the owner or operator shall continue to comply with the previously approved final closure/post-closure plan and this rule.(b) If the director has not approved a final closure/post-closure plan for the sanitary landfill facility, the owner or operator shall complete closure activities in accordance with the following until a final closure/post-closure plan is approved:(i) Paragraphs (F) to (J) of this rule.(ii) Rule 3745-27-10 of the Administrative Code.(iii) Rule 3745-27-15 and 3745-27-16 of the Administrative Code.(iv) Rule 3745-27-12 of the Administrative Code.(c) If the final closure certification report for the sanitary landfill facility has not been submitted in accordance with paragraph (J) of this rule, the owner or operator shall comply with paragraphs (F) to (L) of this rule, and rules 3745-27-10 and 3745-27-16 of the Administrative Code.(d) The requirements specified in this paragraph do not affect other schedules or requirements specified in administrative or judicial orders or consent agreements. Ohio EPA may authorize other schedules or requirements. This rule shall not be construed to affect the liability of the owner, operator, permittee, or licensee for past violations of this rule as effective June 1, 1994, March 1, 1990, or of rule 3745-27-10 of the Administrative Code, as effective July 29, 1976.(B) Final closure/post-closure plan. The owner or operator shall prepare a final closure/ post-closure plan that at a minimum contains all the items specified in paragraphs (B) (1) to (B)(10) of this rule. All engineering information included in the final closure/ post-closure plan shall be signed and sealed by a professional engineer registered in Ohio. The final closure/post-closure plan shall contain all of the items specified in paragraphs (B)(1) to (B)(10) of this rule for all contiguous units of a sanitary landfill facility and shall separately address the items specified in paragraphs (B)(1) to (B)(10) of this rule for each noncontiguous unit of a sanitary landfill facility. The owner or operator may prepare separate final closure/post-closure plans for each noncontiguous unit of a sanitary landfill facility.(1) The name and location of the facility and the unit included in the final closure/post-closure plan.(2) Any variances or exemptions from the requirements of this rule or rule 3745-27-14 of the Administrative Code or any alternative schedule for completing final closure activities. [Comment: If a variance, exemption, or alternative schedule is identified, the request must be submitted to the director and must receive prior approval; otherwise, the rule requirements are applicable and enforceable.]
(3) The name, address, and telephone number of the person or office to contact regarding the unit of the sanitary landfill facility during the final closure and post-closure care periods.(4) Schedule of installation of any explosive gas control systems.(5) The following information to be presented in the same manner as outlined in rule 3745-27-06 of the Administrative Code: (a) Plan drawings of the horizontal limits and top elevations of waste and the cap system, the location of surface water control structures including permanent ditches to control run-on and runoff, and the location of sedimentation ponds including the inlet and outlet.(b) A grid system with northings and eastings established not more than five hundred feet apart.(c) Detail drawings of the composite cap system including but not limited to the key trench, any penetrations, cap drainage structures, and surface water drainage 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) For a sanitary landfill facility subject to paragraph (A)(2)(a) or (A)(2)(b) of this rule, the ground water detection monitoring plan.(g) For a sanitary landfill facility subject to paragraph (A)(2)(a) or (A)(2)(b) of this rule, the financial assurance information in accordance with rules 3745-27-15 and 3745-27-16 of the Administrative Code.(6) Description of availability and suitability of cap material.(7) Quality assurance/quality control plan for cap system construction.(8) For a sanitary landfill facility subject to paragraph (A)(2)(a) or (A)(2)(b) of this rule, the explosive gas monitoring plan.(9) Description of anticipated measures to control erosion.(10) Contingency plans for leachate, fire, and differential settling.(C) Mandatory closure. The owner or operator shall begin final closure activities in accordance with the final closure/post-closure plan and paragraph (F) of this rule not later than seven days after any of the occurrences specified in this paragraph. Approval of the final closure/post-closure plan does not affect the owner's or operator's obligations to begin and complete final closure activities in accordance with paragraphs (G) and (H) of this rule. (1) It is mandatory to begin closure activities for a sanitary landfill facility upon the occurrence of any of the following: (a) A solid waste disposal license issued for the sanitary landfill facility has expired, and a renewal license has not been applied for in the manner prescribed in rules adopted under Chapter 3734. of the Revised Code.(b) A solid waste disposal license issued for the sanitary landfill facility has expired, and another license has been applied for and denied as a final action.(c) A solid waste disposal license issued for the sanitary landfill facility has been revoked as a final action. (d) The owner or operator ceases to receive solid waste for disposal at the sanitary landfill facility for a period of greater than one year and all final elevations of the limits of waste placement have not been reached.(2) It is mandatory to begin closure activities for a noncontiguous unit of a sanitary landfill facility upon the occurrence of any of the following: (a) The owner or operator declares that the noncontiguous unit will cease acceptance of solid waste for disposal by a date certain.(b) All approved limits of solid waste placement for the noncontiguous unit have been reached, as specified in the plan approval, operational report, approved permit to install, or other authorization of the director.(3) It is mandatory to begin closure activities for contiguous units of a sanitary landfill facility upon the occurrence of any of the following:(a) The owner or operator declares that all of the contiguous units will cease acceptance of solid waste by a date certain.(b) All approved limits of solid waste placement for all of the contiguous units have been reached, as specified in the plan approval, operational report, approved permit to install, or other authorization of the director.(4) It is mandatory to begin closure activities for an existing unit of a sanitary landfill facility if the owner or operator cannot demonstrate, pursuant to paragraph (B) of rule 3745-27-20 of the Administrative Code, that the existing unit complies with the applicable location restrictions pursuant to rule 3745-27-20 of the Administrative Code.(D) Notification of anticipated date to cease acceptance of solid waste. (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 sanitary landfill facility will cease to accept solid waste if final closure is or will be triggered for all units in accordance with paragraph (C)(1)(a) , (C) (2) , or (C)(3) of this rule. Such notice shall be provided not later than ninety days prior to the anticipated date on which solid waste 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 board of health having jurisdiction.(b) The single or joint county solid waste planning district in which the facility is located.(3) Concurrently with the submission of the notice in accordance with paragraph (D)(1) of this rule, the owner or operator shall post a sign as to be easily visible from all access roads leading onto the sanitary landfill facility stating, in letters not less than three inches high, that the sanitary landfill facility will no longer accept solid waste with the anticipated date. This paragraph does not apply to a sanitary landfill facility owned by a generator exclusively disposing of solid wastes generated at premises owned by the generator.(4) Not later than thirty days prior to the anticipated date on which the facility will cease to accept solid waste, notice shall be provided by certified mail or any other form of mail accompanied by a receipt to the director of any changes to the information that identifies the facility's final closure contact person.(E) 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 the board of health having jurisdiction, as to the actual date that the unit of the sanitary landfill facility ceased to accept solid waste. The notification shall be sent not later than seven days after the date specified in the notification.(F) The owner or operator shall begin final closure activities for all contiguous units or for each noncontiguous unit of the sanitary landfill facility not later than seven days after any of the occurrences in paragraph (C) of this rule. At a minimum, final closure activities for all units of the sanitary landfill facility shall include the items specified in paragraphs (G) and (H) of this rule. (G) Composite cap system. The owner or operator shall construct a composite cap system in accordance with the following:(1) The cap design approved in the permit or in a subsequently approved alteration, unless paragraph (G)(2), (G)(3), or (G)(4) of this rule applies.(2) If the sanitary landfill facility does not meet the criteria specified in paragraph (G)(1) of this rule, the cap design in the closure/post-closure plan. If the cap design in the closure/post-closure plan is revised after the effective date of this rule, the cap design shall comply with rule 3745-27-08 of the Administrative Code.(3) If a unit of the sanitary landfill facility has areas that have been capped, graded, and seeded in accordance with paragraphs (C)(1) to (C)(4) of rule 3745-27-10 of the Administrative Code, as effective July 29, 1976, or in accordance with paragraph (G)(2), (G)(3), or (G)(4) of this rule, effective June 1, 1994, those areas need not have cap system in accordance with rule 3745-27-08 of the Administrative Code.(4) If closure of the sanitary landfill facility is in accordance with paragraph (M) of the June 1, 1994 effective version of rule 3745-27-11 of the Administrative Code, the owner or operator shall construct a cap in accordance with rule 3745-27-08 of the Administrative Code.(H) Other closure activities. (1) The owner or operator shall continue to comply with rule 3745-27-19 of the Administrative Code and all monitoring and reporting activities required during the operating life of the unit of the sanitary landfill facility until the closure certification is submitted and the post-closure care period begins.(2) The owner or operator shall install surface water control structures including permanent ditches to control run-on and runoff and sedimentation ponds as shown in the final closure/post-closure plan. The owner or operator shall grade all land surfaces as necessary to prevent ponding of water where solid waste has been placed, and institute measures to control erosion. [Comment: The minimum slope standard in rule 3745-27-08 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 plan.]
(3) The owner or operator shall design and install a ground water monitoring system in accordance with rule 3745-27-10 of the Administrative Code if a system is not already in place.(4) The owner or operator shall bait for rodents and treat for other vectors as necessary.(5) The owner or operator shall record on the plat and deed to the sanitary landfill 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, a notation describing the impacted acreage, exact location, depth, volume, and nature of solid waste deposited in the unit of the sanitary landfill facility.(6) Upon ceasing acceptance of waste in all units of a sanitary landfill facility, the owner or operator shall post signs, in such a manner as to be easily visible from all access roads leading onto the sanitary landfill facility, stating in letters not less than three inches high that the sanitary landfill facility no longer accepts solid waste. Signs shall be maintained in legible condition for two years after final closure activities have been completed. This paragraph does not apply to sanitary landfill facilities owned and permitted by a generator of solid wastes if the sanitary landfill facility exclusively disposes of solid wastes generated at the premises owned by the generator.(7) Upon ceasing acceptance of waste in all units of the sanitary landfill facility, the owner or operator shall block, by locked gates, fencing, or other sturdy obstacles, all entrances and access roads to the sanitary landfill facility to prevent unauthorized access during the final closure and post-closure period.(I) Final closure activities shall be completed not later than one hundred and eighty days after any of the occurrences in paragraph (C) of this rule, unless an alternative schedule has been authorized by Ohio EPA.(J) Final closure certification. Not later than ninety days after the completion of final closure activities for all contiguous units and for each noncontiguous unit, the owner or operator shall submit a written certification report to the director and to the board of health having jurisdiction. The final closure certification shall include verification that the unit of the sanitary landfill facility has been closed in accordance with this rule and the final closure/post-closure plan. At a minimum, the final closure certification shall 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 sanitary landfill facility showing the areas certified by each report. The map shall also show the following: (a) The horizontal limits of waste placement .(b) The surface water control structures including permanent ditches to control run-on and run-off.(c) If present, the sedimentation pond including the inlet or outlet, the outlet of any permanent ground water control structures, and the explosive gas control system.(2) A demonstration that the ground water monitoring system meets the requirements of rule 3745-27-10 of the Administrative Code.(3) A copy of the plat and deed, or other instrument which is normally examined during a title search, showing the notation pursuant to paragraph (H) (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.(4) A demonstration that the sign pursuant to paragraph (H)(6) of this rule has been posted and that all entrances and access roads have been blocked in accordance with paragraph (H)(7) of this rule.(K) The health commissioner and the director, or their authorized representatives, upon proper identification, may enter any unit of the sanitary landfill facility at any time during the final closure period for the purpose of determining compliance with this rule.(L) It is the responsibility of the owner or operator to complete final closure of the unit of a sanitary landfill facility in a manner that minimizes the need for further maintenance and minimizes post-closure formation and release of leachate and explosive gases to air, soil, ground water, or surface water to the extent necessary to protect human health and the environment.Ohio Admin. Code 3745-27-11
Effective: 1/1/2021
Five Year Review (FYR) Dates: 7/6/2020 and 01/01/2026
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule Amplifies: 3734.02, 3734.12
Prior Effective Dates: 03/01/1990, 06/01/1994, 08/15/2003