Construction and Demolition Debris Program

Regulation of Construction and Demolition Debris (C&DD) landfills is under Ohio Administrative Code (OAC) Chapter 3745-400.  Licensing requirements are addressed under OAC 3745-37. These rules are adopted pursuant to Ohio Revised Code (ORC) 3714.

C&DD landfills can accept only debris from construction and demolition activities, plus three specific types of solid waste. These solid wastes are: packaging resulting from the use of construction materials where the packaging is incidental to the load; tree stumps, trunks and branches exceeding 4 inches in diameter where the branches are clean of leaves and smaller branches; and asbestos-containing materials as long as a NESHAP air permit has been granted. A C&DD landfill cannot accept other solid waste, hazardous waste, regulated PCB wastes, bulk liquids or wastes containing free liquids, infectious waste, scrap tires or yard waste.

C&DD landfills are required to meet siting, design, operating, and closure requirements.   All C&DD facilities are required to have a leachate management system (designed and operated to limit the level of leachate in the landfill to one foot), however if the facility is located in exceptionally good geology, a recompacted soil liner may not be required.  C&DD landfills are required to have a two layer cap system and to manage surface water.

Two siting criteria are established in the statute:

1. A C&DD landfill is prohibited from being located in the 100 year flood plain or within the boundaries of a sole source aquifer;
    
2. If the facility was operating before July 24, 1990 in either of these areas, the prohibition does not apply.

Operating requirements include keeping records of accepted and rejected waste loads; activities at the working face; preventing fires; proper management of surface water and leachate; and prevention of nuisances or health hazards (e.g. managing noise, dust, odors, insects and rodents). The landfill is also required to monitor the ground water if the facility is located near wells or an aquifer.

An annual license to operate is required to construct and operate a C&DD landfill in Ohio. The license is issued by the licensing authority (either the local health department or Ohio EPA) and there is a license fee. After a license is issued, if the owner or operator desires to modify or alter the facility, they must obtain further authorization from the licensing authority.  A modification requires a license application, but no application fee. The law allows an owner or operator to request an exemption from a rule requirement. Often these requests are submitted with the application for a license. There is no fee for exemptions.