FEBRUARY 2012

Ohio proposes new C&D rules

The Ohio EPA is updating rules to regulate existing licensed construction and demolition debris landfills.

In 2005, the Ohio General Assembly required Ohio EPA to revise its construction and demolition debris landfill disposal regulations to meet specified criteria under Ohio law. Ohio EPA conducted a leachate study and found that leachate from Ohio construction and demolition debris landfills poses a threat to public health and the environment if released to ground water or surface water. Based on those results, the legislative mandate, and public comments received on the draft rules issued earlier this year, Ohio EPA developed the current proposed rules.

The amended proposed rules focus on five key areas:

  • Five-year post-closure care period;
  • Post-closure care financial assurance provided by the facility;
  • Extension of post-closure care period if there are health or environmental impacts;
  • A procedure to adjust final closure financial assurance with the issuance of an annual license; and
  • Monitor landfill leachate at the bottom of the landfill for an established list of contaminants, and if detected, monitor ground water for the detected contaminant.

In response to public comments received, several changes have been made that would:

  • Allow applicants to apply for certification to install ground water monitoring wells along with required reports;
  • Not require financial assurance documentation to be submitted at the same time as the license application;
  • Allow five years to fully fund increased closure and post-closure care financial assurance costs;
  • Allow delay of funding for financial assurance for the portion of the landfill that is unconstructed (until completed);
  • Allow the costs of annual leachate samples at all facility collection points to be managed over three years; and
  • Clarify that only leachate collection points using recirculated leachate would need to be sampled quarterly.