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Ohio

Developing On or Near a Landfill (Chapter 513)

Agency Ohio Environmental Protection Agency

Developing on or near a landfill in Ohio (Chapter 513)

Ohio Administrative Code Chapter 3745-513 (Chapter 513) is the set of Ohio Environmental Protection Agency (Ohio EPA) rules that a person must follow to dig, build, grade or do other work on or near land that was used for waste disposal. The work needs an authorization, and anyone can apply for one, with the landowner's written permission if the applicant does not own the land.

In a Phase I ESA

ASTM E1527-21 does not name these authorizations among its standard record sources. The chapter matters because it turns a records finding into a development constraint: once old waste is known to be on or beside a property, work there may need Ohio EPA's approval.

  • It reaches old sites. Ohio EPA says the chapter covers historic sites, meaning waste sites that existed before regulations, and modern sites that operated without required permits or that are closed but still monitored.
  • It reaches past the waste. The chapter also applies to areas within 300 feet of the waste if the project could affect the waste or the environment. Where a records search or a historical source puts waste within 300 feet, check whether the planned work falls under the chapter.
  • It has exceptions. Ohio EPA lists sites where no waste remains, sites that only handled excluded materials such as clean construction debris, and exempt facilities such as junkyards and homes disposing of their own waste. The exceptions rule also mentions routine maintenance. Ohio EPA's examples are mowing grass, replacing broken monitoring wells and small soil repairs, and it says installing gas or leachate systems or covering the entire landfill with soil is not routine maintenance.
  • It can apply to a voluntary cleanup. Ohio EPA says the chapter may apply to a Voluntary Action Program site if the site accepted certain types of waste and does not meet an exemption.

Ohio EPA says the engineering measures that might be required include gas control and monitoring systems, special foundation supports to prevent settling, systems to manage leachate, and a final cover that may need to meet or exceed current standards. Financial assurance may also be appropriate. Moving waste on site is allowed only under certain conditions, and the waste must stay within the original waste area.

Where it is not clear whether waste is present, Ohio EPA says the property can be sampled before work starts, under rules 3745-513-400 to 470. If waste is found during construction, its instructions are to stop work immediately and contact Ohio EPA and the local health department.

Where to look a site up

The page read does not say where authorizations issued under the chapter can be looked up. Old waste sites themselves are the subject of OLDSWLF, and current facilities are on the Municipal Solid Waste Landfills and C&DD Landfills pages. For questions, Ohio EPA gives its Division of Materials and Waste Management at 614-644-2621 or the local district office.

Getting the file

Ohio EPA has no central repository: each division and district office stores its own files. Many records are in the agency's eDocument search. For others, use the online file review request form. Ohio EPA says the best first contact is the district office where the site is located.

Sources

Ohio Environmental Protection Agency pages, read October 7, 2026, no modified date shown:

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