Industrial Solid Waste Program
Industrial Solid Waste (ISW) landfills are regulated under Ohio Administrative Code (OAC) chapter 3745-29 (Processing & Engineering Unit). Licensing requirements are addressed under OAC 3745-37. These rules are adopted pursuant to Ohio Revised Code (ORC) 3734. ISW landfills can accept industrial solid waste as well as exempt waste (e.g. spent nontoxic foundry sand, nontoxic ash, construction and demolition debris). Industrial solid waste is a type of solid waste generated by manufacturing or industrial operations. ISW landfills cannot accept municipal solid waste, hazardous waste, regulated PCB wastes, bulk liquids or wastes containing free liquids, infectious waste, scrap tires or yard waste. An ISW landfill can accept regulated asbestos containing materials if a NESHAP air permit has been granted.
ISW landfills are required to meet design, siting, operating, closure, and post closure requirements. There are design standards for the composite liner system (consisting of recompacted soil overlain by a flexible membrane liner), a leachate management system (designed to limit the level of leachate on the liner system to one foot), a multilayer cap system, and surface water management. To accommodate advances in technology, the rules allow alternative materials and thicknesses. Every 10 years the facility undergoes a review of the landfill design to demonstrate it is consistent with current design standards.
Siting criteria provide for protection of ground water and drinking water wells, as well as setbacks from parks, surface waters, property lines, and domiciles.
Operating requirements include keeping records of waste loads accepted and rejected; activities at the working face, including the application of daily and intermediate cover; proper management of surface water and leachate; and prevention of nuisances or health hazards (e.g. managing noise, dust, odors, insects and rodents). The operator is also required to monitor the ground water for potential contamination.
After an ISW landfill is closed, the facility is maintained and monitored for 30 years. Financial assurance is required. If at any time someone desires to disturb the landfill (e.g. build a road, install utility lines, put in ball fields), the director must first give his authorization to do so.
To construct and operate an ISW landfill, various authorizations are required. From the solid waste program, the owner or operator must obtain a permit to install (PTI) issued by Ohio EPA to construct the landfill. Every year the owner or operator must obtain a license issued by the licensing authority (either the local health department or Ohio EPA). After a permit is issued, if the owner or operator desires to modify or alter the facility, they must obtain authorization from the director. A modification requires a permit. An alteration requires concurrence from the agency. The law allows an owner or operator to request a variance or exemption from a rule requirement. Often these requests are submitted with the application for a permit. There are fees for permits and licenses but not for alterations, variances or exemptions. Obtaining a permit is a very complex and lengthy process to resolve hydrogeologic issues (for siting and ground water monitoring) and design considerations. There are opportunities for public participation.