Section 3745-580-710 - Operation of a scrap tire monofill facility(A) Applicability. The owner or operator of a scrap tire monofill facility shall comply with the requirements and operational criteria specified in this rule until the final closure certification specified in paragraph (H) of rule 3745-580-725 of the Administrative Code is submitted and the post-closure care period begins.(B) Compliance. The owner or operator shall conduct operations at a scrap tire monofill facility as follows: (1) In strict compliance with the applicable authorizing documents and in accordance with rules adopted under Chapter 3734. of the Revised Code.(2) In such a manner that noise, dust, and odors are strictly controlled so as not to cause a nuisance or a health hazard.(3) In a manner that does not cause water pollution pursuant to Chapter 6111. of the Revised Code and does not violate any regulation adopted under Chapter 3704. of the Revised Code.(4) Obtain a valid license prior to commencement of operations and annually thereafter in accordance with Chapter 3745-501 of the Administrative Code.(C) Construction certification, concurrence, and compliance. (1) Prior to receipt of scrap tires, the owner or operator shall properly plug and abandon any oil wells and gas wells within the proposed limits of scrap tire placement in accordance with Chapter 1509. of the Revised Code.(2) Construction certification and concurrence. After the installation of any of the engineered components specified in rule 3745-580-705 of the Administrative Code other than the cap system, in any cell of any phase of a scrap tire monofill facility, the owner or operator shall not accept scrap tires in the phase until the following occur: (a) A construction certification report for the phase, prepared in accordance with the paragraph (H) of rule 3745-580-705 of the Administrative Code, has been submitted to Ohio EPA and the approved board of health.(b) The owner or operator has received written concurrence from the appropriate Ohio EPA district office for the components specified in paragraph (F)(1) of rule 3745-580-705 of the Administrative Code.(3) Construction compliance. Upon discovery by the owner or operator, or upon notification by Ohio EPA that a failed test or an alteration has occurred in construction of any engineered component or portion of the facility, the owner or operator shall comply with the following procedures: (a) Failed test. For the purposes of this rule, a failed test occurs when a test performed on a component of the scrap tire monofill facility yields a result that does not meet the specifications outlined in the applicable authorizing document or other requirements of this chapter. If, prior to submission of the construction certification report for the component or portion of the facility, the owner or operator determines that there is a failed test, the owner or operator shall do the following:(i) Assess the component or portion of the facility to determine if the construction is in compliance with the applicable authorizing document or other requirements of this chapter.(ii) Implement measures to attain compliance with the applicable authorizing document or other requirements of this chapter. An area with a verified failure shall be reconstructed and retested at a frequency sufficient to demonstrate to Ohio EPA that compliance has been achieved.(b) Alteration. For an alteration, the following:(i) Include the applicable testing results and an explanation of the alteration in the certification report alterations section specified in rule 3745-580-705 of the Administrative Code.(ii) Provide a demonstration in the certification report that the alteration is at least equivalent to the requirement in the applicable authorizing document or other requirements of this chapter.(iii) Submit the certification report to Ohio EPA and the approved board of health.(iv) Continue to comply with paragraph (C)(2) of this rule. [Comment: Paragraph (C)(3)(b) of this rule applies only to a change that qualifies as an alteration as that term is defined in rule 3745-500-02 of the Administrative Code. Paragraph (A) of rule 3745-580-701 of the Administrative Code specifies an owner or operator to obtain a permit to install prior to the establishment of a new or modification of an existing scrap tire monofill facility. Obtaining concurrence for an alteration in accordance with the procedures outlined in paragraph (C)(3) of this rule does not relieve the owner or operator from liability for failure to obtain a permit to install to modify the facility if the change being addressed constitutes a modification.]
(c) Detection after submission of certification report. For a certification report that is in error because a failed test or alteration was detected after submission of the construction certification report to Ohio EPA, the following: (i) Notify the appropriate Ohio EPA district office and the approved board of health of the noncompliance not later than twenty-four hours after discovery by telephone and not later than seven days after discovery in writing.(ii) Not later than fourteen days after submitting the written notification specified in paragraph (C)(3)(c)(i) of this rule, either of the following: (a) Comply with the applicable steps outlined in paragraph (C)(3)(a) of this rule and amend and resubmit the construction certification report to explain the circumstances and how compliance was achieved.(b) Submit the information specified in paragraph (C)(3)(b) of this rule. [Comment: Compliance with paragraph (C)(3)(c) of this rule does not relieve the owner or operator from liability for failure to construct or operate the scrap tire monofill facility in strict compliance with the applicable authorizing documents, other requirements of this chapter, or for failure to submit a certification report that is true, accurate, and complete as specified in rule 3745-580-705 of the Administrative Code.]
(4) The owner or operator of a scrap tire monofill facility shall maintain the integrity of the engineered components of the facility, investigate any damaged engineered components, and repair or reconstruct any damage or failure in compliance with the existing applicable authorizing documents. If a redesign is necessary, the owner or operator of the scrap tire monofill facility shall obtain prior approval of an alteration or modification.(D) General operational criteria. (1) Financial assurance. The owner or operator shall ensure financial assurance is executed and maintained as follows: (a) Executed and funded prior to license issuance in accordance with rule 3745-503-05 of the Administrative Code for the closure cost estimate calculated in accordance with rule 3745-580-22 of the Administrative Code.(b) Maintained annually in accordance with rule 3745-580-22 of the Administrative Code.(2) Access. (a) The owner or operator shall construct and maintain all-weather access roads within the facility boundary in such a manner as to withstand the anticipated degree of use and allow passage of the loaded refuse vehicles at all times, with minimum erosion and dust generation.(b) The owner or operator shall limit access to the facility by non-employees except during operating hours when operating personnel are present. The owner or operator shall, at all times, limit access to the facility as necessary to prevent scavenging and salvaging operations not conducted in accordance with paragraph (D)(5) of this rule. This paragraph does not apply to the board of health, the director, or an authorized representative, who upon proper identification may enter the facility at any time to determine compliance with this chapter.(3) The owner or operator shall clear naturally occurring vegetation to the extent necessary for proper operation of the facility.(4) Equipment. The owner or operator shall ensure that operable equipment of adequate size and quantity for the operations of the facility is available at all times, or that a prepared contingency plan is implemented to properly handle and dispose of scrap tires in the event of equipment failure. The owner or operator shall have adequate equipment, material, and services available at or near the facility to control fire.(5) Scavenging and salvaging. The owner or operator may only conduct salvaging in a manner authorized by Ohio EPA.(6) Personnel. The owner or operator shall ensure that operations at the facility are performed by individuals who are thoroughly familiar with proper operational procedures and with the approved detail plans, specifications, and information.(7) Inclement weather. The owner or operator shall ensure preparations have been made such that, during inclement weather, the facility is able to receive and cover incoming scrap tires. The preparations shall include but are not limited to construction and maintenance of all-weather access roads leading from the point where loaded vehicles enter the site to the inclement weather areas, construction and maintenance of storage areas dedicated for use only during inclement weather, and stockpiling of cover material.(8) Waste acceptance and placement. (a) Prior to accepting scrap tires at a new facility, in a lateral expansion area, or in a vertical expansion, the owner or operator shall comply with the applicable requirements for leachate treatment or disposal, discharges to surface waters, management of surface water runoff, and air emissions.(b) Prior to accepting scrap tires in the first phase of a new scrap tire monofill facility, the owner or operator shall ensure the facility has been inspected by the licensing authority and that written concurrence has been received stating that the facility is ready to begin accepting scrap tires for disposal.(c) The owner or operator shall not begin filling in a new phase without completing the previous phase, except to the extent necessary for the proper operation of the scrap tire monofill facility.(d) The owner or operator shall confine unloading of scrap tires to the scrap tire handling area and ensure that unloading is supervised by competent operating personnel and that the amount is kept within permitted limits.(e) The owner or operator shall not deposit scrap tires that are burning or at a temperature likely to cause fire at the working face. The owner or operator shall deposit such material in a separate location at a sufficient distance from the working face to prevent fires from spreading to the working face and immediately extinguish the scrap tires by covering them with a sufficient amount of earth or other material, or by spraying them with water or other appropriate fire suppressant. The owner or operator shall notify the board of health and the Ohio EPA district office not later than twenty-four hours prior to placing the material in the working face.(f) To ensure extinguishment and prior to placement at the working face for disposal, the owner or operator shall ensure that burned tire product is cooled to ambient air temperature and scrap tires are completely extinguished before they are placed in the scrap tire monofill or moved to another site.(g) The owner or operator shall ensure that any scrap tires arriving at the facility not immediately placed in the working face or scrap tires in an unprocessed form are placed at the facility's temporary scrap tire storage area as specified in paragraph (D)(15) of this rule.(h) Except as provided in paragraph (D)(8)(e) of this rule, the owner or operator shall ensure that scrap tires admitted to the facility are deposited at the working face or in the temporary storage area. An alternative method may be used if approved by the director. During periods when inclement weather prevents compliance with this rule, the scrap tires shall be deposited at the area prepared in accordance with paragraph (D)(7) of this rule.(i) Only off the road construction and mining equipment tires that have a bead width of at least fourteen inches or larger and a rim or wheel diameter of a least twenty-four inches or larger are authorized to be placed in the working face of a monofill without being processed. The owner or operator shall place the scrap tires in the working face and fill with either soil, processed tires, or other material approved for disposal at the facility to prevent possible future settling above these scrap tires.(j) The owner or operator shall not deposit processed scrap tires in the working face of the monofill in depths greater than ten feet prior to applying geotextile fabric and a soil layer, a minimum of twenty-four inches thick.(9) The owner or operator shall perform chemical compatibility testing if the director determines that such testing is necessary to demonstrate that the scrap tires to be received at the facility will not compromise the integrity of any material used to construct the facility.(10) Inspection.(a) The owner or operator shall inspect the scrap tire monofill facility at least daily for ponding, erosion, and leachate outbreaks and make available to the licensing authority written results of the inspections, including any corrective actions employed.(b) The owner or operator shall inspect sedimentation ponds and sedimentation pond discharge structures, including pipes, ditches, and culverts, at least weekly for erosion, clogging, or failure, and take prompt corrective action, if necessary. The owner or operator of a scrap tire monofill facility shall maintain a log including inspection results, any corrective actions, and the date and weather conditions for any water quality samples, and provide the log to the licensing authority upon request.(11) Approved permit to install, detail plans, and specifications. The owner or operator shall ensure a copy of the approved permit to install, detail plans, specifications, and information is maintained at the facility and is available and is available for inspection by the board of health, director, or an authorized representative, upon request during normal operating hours.(12) The owner or operator of a facility shall not admit scrap tires to any area of the facility until site preparations for that area have been completed, necessary equipment has been brought to the facility, the facility has been adequately prepared for operation, and the prepared site has been inspected by the licensing authority.(13) The owner or operator shall clean out sedimentation ponds completely, to ensure the proper operation of the ponds when the volume of settled particles necessitates cleaning based either on inspection results or on the sediment pond design calculations specified in paragraph (C)(5)(k) of rule 3745-580-701 of the Administrative Code.(14) The owner or operator shall comply with the record keeping and reporting requirements contained in rule 3745-580-715 of the Administrative Code.(15) Temporary storage of scrap tires. The owner or operator of the scrap tire monofill facility may maintain a temporary scrap tire storage area. The owner or operator of the scrap tire monofill facility shall ensure the temporary scrap tire storage area does not exceed ten thousand square feet and store whole, cut, baled, rough shredded scrap tires, and processed scrap tire shreds in a manner that ensures the following: (a) Each scrap tire storage pile is limited to no greater than two thousand five hundred square feet in area.(b) For processed scrap tires measuring less than four inches in any dimension, each storage pile is limited to dimensions of one hundred and twenty-five feet long and fifty feet wide.(c) A minimum isolation distance of fifty feet from possible ignition sources is maintained.(d) Scrap tire storage areas and fire breaks are free of combustible materials and obstructions.(e) For inside storage, the following:(i) An aisle width between scrap tire storage piles of at least eight feet.(ii) A clearance distance of at least eighteen inches from the top of the scrap tire storage piles to sprinkler deflectors.(iii) A clearance distance of at least three feet from the top of the scrap tire storage piles to roof structures.(iv) A clearance distance of at least three feet from the top of the scrap tire storage piles to heaters, ducts, and flues, or in accordance with the clearance distances recommended by the equipment manufacturer.(f) For outside storage, the following:(i) Scrap tires are not located under the following: (b) Elevated trestles, roadways, or railroads.(c) Electrical power lines having a voltage in excess of seven hundred fifty volts or that supply power to fire emergency systems.(ii) Scrap tire storage piles are no greater than fourteen feet high.(iii) Fire breaks meet the specifications of rule 3745-580-07 of the Administrative Code.(iv) Storage piles may be larger than specified in this rule if approved by the director.(E) Cell cover. The owner or operator shall apply cover to exposed scrap tires in the cell at the end of the work week to control fire hazards, insects, vectors, and rodents. Cover material shall be nonputrescible, not be solid waste, and not contain large objects in such quantities as may interfere with its application and intended purpose of preventing the ignition and spread of a fire at the facility, the movement of leachate from ponding, and the breeding of mosquitoes.(1) Cell cover shall be a minimum of twelve inches thick and be removed or prepared as necessary so as not to impede the flow of leachate to the leachate collection system within the limits of waste placement prior to the placement of the next layer of scrap tires in that area. The soil for the cell cover shall meet either of the following: (a) Possess properties of a fine-grained soil as defined in the unified soil classification system described in ASTM D2487-00.(b) Be an alternative soil type authorized by Ohio EPA to provide comparable protection and is protective of human health and the environment.(2) Frequencies, other than weekly, may be authorized by Ohio EPA to provide comparable and adequate protection.(F) Intermediate cover.(1) To minimize infiltration and prevent fire and mosquito breeding, the owner or operator shall apply intermediate cover to filled areas of the facility where additional scrap tires are not to be deposited for at least one hundred eighty days. Ohio EPA may authorize the use of an alternative time period if the owner or operator can demonstrate to Ohio EPA that, through use of the alternative time period, infiltration or ponding of water that may breed mosquitoes, and the possibility of fire, will not be increased.(2) Intermediate cover material shall be nonputrescible and have low permeability to water, good compactability, cohesiveness, and relatively uniform texture, and not contain large objects in such quantities as may interfere with its application and intended purpose of preventing the ignition and spread of fire, the movement of leachate from ponding, and the breeding of mosquitoes.(3) The owner or operator shall use a layer of geo-textile fabric and a soil layer, a minimum of twenty-four inches thick. The soil for the intermediate cover shall meet either of the following: (a) Possess properties of a fine-grained soil as defined in the unified soil classification system described in ASTM D2487.(b) Be an alternative soil type acceptable to Ohio EPA.(4) The owner or operator shall remove or prepare intermediate cover in an area as necessary prior to the placement of the next layer of scrap tire in that area so as not to impede the flow of leachate to the leachate collection system within the limits of waste placement.(5) The owner or operator shall perform measures to protect the intermediate cover from erosion if the intermediate cover is exposed or will be exposed for more than one hundred eighty days.(G) Final cover. The owner or operator shall construct the final cap system when a phase has reached approved final elevations of scrap tire placement, in accordance with paragraph (B)(11) of rule 3745-580-705 of the Administrative Code.(H) Scales. The owner or operator of a scrap tire monofill facility shall use scales as the sole means of determining gate receipts. Scales shall be inspected, tested, and approved by the county auditor or city sealer having jurisdiction where the scale is located and meet the specifications, tolerances, and regulatory requirements of section 1327.49 of the Revised Code.(I) Surface water management. (1) The owner or operator shall ensure that surface water at a scrap tire monofill facility is diverted from areas where scrap tires are being, or have been, deposited. The owner or operator shall ensure that a scrap tire monofill facility is designed, constructed, maintained, and provided with surface water control structures that control run-on and runoff of surface water. The surface water control structures shall ensure minimal erosion and infiltration of water through the cover material and cap system and be designed in accordance with paragraph (B)(8) of rule 3745-580-705 of the Administrative Code.(2) The owner or operator shall manage surface water in compliance with the requirements of Chapter 6111. of the Revised Code.(3) If ponding or erosion occurs on areas of the scrap tire monofill facility where scrap tires are being, or have been, deposited, the owner or operator shall undertake actions as necessary to correct the conditions causing the ponding or erosion.(4) If a substantial threat of surface water pollution exists, the director or board of health may require the owner or operator to monitor the surface water.(J) Leachate management. (1) The owner or operator shall operate the leachate collection system to maintain no more than one foot of head anywhere on the in situ or added geologic material or constructed liner, with the exception of the sump areas.(2) If a leachate outbreak occurs at the scrap tire monofill facility, the owner or operator shall repair the outbreak and do the following: (a) Contain and properly manage the leachate at the facility.(b) If necessary, collect and dispose of the leachate in accordance with paragraphs (J)(6) and (J)(7) of this rule.(c) Take action to minimize, control, or eliminate the conditions which contribute to the production of leachate.(3) The owner or operator shall maintain at least one lift station back-up pump at the scrap tire monofill facility at all times.(4) The owner or operator shall visually or physically inspect the collection pipe network of the leachate management system after placement of the initial lift of scrap tires and annually thereafter to ensure that clogging of the collection pipe network has not occurred.(5) If authorized by Ohio EPA, the owner or operator may temporarily store leachate within the limits of waste placement until the leachate can be treated and disposed as outlined in rule 3745-580-701 of the Administrative Code.(6) The owner or operator shall treat and dispose of collected leachate in accordance with the one of the following: (a) On site at the scrap tire monofill facility.(b) Through on-site pretreatment at the scrap tire monofill facility and off-site disposal.(c) Off-site of the scrap tire monofill facility.(7) The owner or operator shall prepare a contingency plan for the storage and disposal of leachate and place a copy in the operating record. The plan shall describe the immediate and long-term steps, including the identification of available back-up treatment facilities if applicable or the setting aside of land for the construction and operation of an on-site treatment facility to be taken for leachate management in the event that collected leachate cannot be managed in accordance with the management option selected in paragraph (J)(6) of this rule.(8) If a substantial threat of water pollution exists from the leachate entering surface waters, the director or health commissioner may require the owner or operator to monitor the surface water.(M) Ten-year design demonstration. Upon every tenth anniversary of the effective date of the initial permit to install issued to the owner or operator of the scrap tire monofill facility pursuant to Chapter 3734. of the Revised Code and each tenth anniversary thereafter, the owner or operator shall submit to Ohio EPA an analysis demonstrating that the design of the unconstructed portions of the facility continues to be consistent with the design standards established in the current version of rule 3745-580-705 of the Administrative Code. If the director determines that the design is no longer consistent with the standards established in the current version of rule 3745-580-705 of the Administrative Code, then the director may require the owner or operator to make the necessary changes to the scrap tire monofill facility to bring the facility into compliance with the design standards in the current version of rule 3745-580-705 of the Administrative Code. If these changes will result in deviations from what is contained in the current authorizing document, the owner or operator shall obtain the appropriate authorization from Ohio EPA prior to making the changes. If a permit to install application is required, the director shall not apply the criteria outlined in paragraph (H) of rule 3745-580-703 of the Administrative Code when considering the permit to install application. [Comment: A deviation may be an alteration, a modification, or another change depending upon the significance of the deviation.]
(N) Submergence facilities. The following are not applicable to a scrap tire submergence facility: (1) Paragraph (D)(8)(a) of this rule. In lieu of paragraph (D)(8)(a) of this rule, prior to accepting scrap tires at a new scrap tire submergence facility or an expansion of an existing scrap tire submergence facility, the owner or operator shall comply with the applicable requirements in Chapter 3704. or 6111. of the Revised Code.(2) Paragraph (D)(8)(c) of this rule.(3) Paragraph (E) of this rule.(4) Paragraph (F) of this rule.(5) Paragraph (G) of this rule.(6) Paragraph (J) of this rule.Replaces: 3745-27-75
Ohio Admin. Code 3745-580-710
Effective: 6/30/2023
Five Year Review (FYR) Dates: 06/30/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12, 3734.77
Rule Amplifies: 3734.02, 3734.12, 3734.72, 3734.77
Prior Effective Dates: 03/01/1996, 08/15/2003, 07/01/2004