Current through all regulations passed and filed through March 18, 2024
(A)
The owner or
operator shall complete closure in a manner that reasonably
accomplishes the following:
(1) Minimizes the
need for maintenance .
(2) Prevents the
failure of final slopes.
(3)
Protects public health and safety and the environment.
(4) Does not create a nuisance or fire
hazard.
(5) Does not cause or
contribute to air or water pollution.
(6) Minimizes erosion; infiltration of
surface water; production of leachate; production of hydrogen sulfide, other
gases, and odors; and accumulation and runoff of contaminated surface
water.
(B) Mandatory
closure. Final closure is
mandatory when one or more of the following apply:
(1) The owner or operator declares in writing
to the licensing authority that debris will no longer be accepted
.
(2)
The issued license has expired and a renewal license has not been applied
for in the manner prescribed in Chapter 3745-501 of
the Administrative Code.
(3) All
approved limits of debris placement and approved final elevations have been
reached.
(4)
The owner
or operator has submitted an initial license application and the license
application has been denied as a final action of the licensing
authority.
(5)
The
issued license has expired and another license has been applied for and
denied as a final action of the licensing authority.
(6)
The
issued license has been revoked as a final action of the licensing
authority.
(7)
For a co-located processing facility, the owner or
operator declares in writing to the licensing authority that debris will no
longer be accepted for processing. Such notice shall trigger only the closure
activities outlined in paragraph (F) of this rule.
(C) Notification of anticipated date to cease
acceptance of debris.
The owner or operator shall provide to the licensing authority
written notice of the intent and anticipated date of ceasing acceptance of
debris at a facility or co-located processing
facility not later than ninety days prior to the anticipated date to
cease acceptance of debris if
final closure is or will be triggered by any of the following
occurrences:
(1) Paragraph (B)(1) of
this rule.
(2) Paragraph (B)(2) of
this rule.
(3) Paragraph (B)(3) of
this rule.
(4)
Paragraph (B)(7) of this rule.
(D) Timing of final closure.
If
mandatory closure is triggered in accordance
with paragraph (B) of this rule, the owner or operator shall cease
acceptance of debris and
perform final closure activities
outlined in paragraphs (E) and (F)
of this rule, as applicable.
[Comment: The licensing authority may utilize authority under
section
3714.04
of the Revised Code should a time extension for completion of final closure be
determined appropriate.]
[Comment: An owner or operator must maintain a license for an
inactive facility not intended to be closed.]
[Comment: Pursuant to rule
3745-400-13
of the Administrative Code, financial assurance funds will be released in
accordance with rule
3745-400-13
of the Administrative Code when construction of an engineered component
identified in the final closure cost estimate is certified in accordance with
rule
3745-400-08
of the Administrative Code, and is approved by the licensing authority.]
(E)
Facility final
closure activities. The owner or operator shall complete the final closure
activities as
follows:
(1)
Comply
with paragraphs (I), (K), and (M) to (S) of rule
3745-400-11
of the Administrative Code during final closure, as
applicable.
(2)
Comply with the disclosure requirements in section
3714.052
of the Revised Code when employing a new key employee.
(3) Prior to or on the date that acceptance
of material for disposal ceased, but not later than ninety days after final
closure becomes mandatory, permanently cease leachate recirculation if leachate is being
recirculated.
(4) Not later than
seven days after ceasing to accept debris for disposal,
provide written
notification to the licensing authority of the date the facility ceased to
accept debris.
(5) Not later than
seven days after ceasing to accept debris for disposal,
block, by
locked gates, fencing, or other sturdy obstacles, all entrances and access
roads to the facility to prevent unauthorized access during the final closure
period, unless the facility is to be used for other purposes which are
indicated in writing to the licensing authority.
(6) Not later than thirty days after ceasing
to accept debris for disposal, post signs, easily visible from all access roads leading onto
the facility, stating in letters at least three inches high that the
construction and demolition debris facility is closed and no longer accepts
construction and demolition debris. The signs shall be maintained in legible
condition until final closure of the facility is complete.
(7) Not later than sixty days after ceasing
to accept debris for disposal, cover all uncapped disposal areas with at least six inches of
recompacted soil and grade this soil to prevent ponding of water. This soil
layer may be considered a part of the cap system specified
in paragraphs (D) and (E) of rule
3745-400-07
of the Administrative Code.
(8)
Construction of cap system.
(a) Not later than
one year after ceasing to accept debris for disposal,
complete
construction of a cap system consistent with the details of the approved final
cap design plan and
paragraphs (D) and (E) of rule
3745-400-07
of the Administrative Code over all areas of debris placement not previously
certified in accordance with rule
3745-400-08
of the Administrative Code with the exception of the attainment of complete and
dense vegetative cover specified in paragraph (G)(2)(a)(iii) or (G)(2)(b)(ii)
of rule
3745-400-07
of the Administrative Code. The owner or operator shall complete seeding to
establish vegetative cover prior to submittal of the final closure certification
report.
(b) If the owner or
operator of a facility appeals the final denial or final revocation of a
construction and demolition debris facility license to the environmental review
appeals commission in accordance with section
3745.04
of the Revised Code, and the environmental review
appeals commission grants a de novo hearing with respect to the appeal in
accordance with section
3745.05 of the Revised
Code, the owner or operator may elect to postpone the construction of a cap
system
if all of the following
occur:
(i) The owner
or operator maintains compliance with all applicable financial assurance
requirements.
(ii) The owner or
operator is in compliance with all other applicable final closure requirements
specified in this rule.
(iii) The facility is not
the subject of an emergency order mandating the capping or placement of cover
over the facility issued pursuant to division (B) of section
3714.12 of the
Revised Code.
(iv) A court of
competent jurisdiction has not ordered the facility to
cease acceptance of
debris or to commence final closure
activities.
(v) Postponement of
construction of the cap system will not create a nuisance, fire hazard, or
cause or contribute to air or water pollution.
(vi) The owner or operator has undertaken a
continuing program of cap construction or has entered into a binding
contractual obligation to complete construction of a cap system not later than
one hundred eighty days after the entry of the commission's decision affirming
the final action.
(c)
Not later than
ten days after the environmental review appeals commission grants a de novo
hearing, the owner or operator shall submit a written notice to the licensing
authority and the director that states the construction of the cap system will
be postponed and includes an affidavit certifying that the specifications of
paragraph (E)(8)(b) of this rule are met.
(d)
Postponement of
the construction of the cap system in accordance with this rule shall
automatically terminate upon the occurrence of any of the following:
(i)
Failure of the
owner or operator to comply with this rule.
(ii)
The dismissal of
the appeal by the environmental review appeals commission.
(iii)
The issuance of
an order by the environmental review appeals commission affirming the denial or
revocation of the license.
(e)
Not later than
one hundred eighty days after postponement of the construction of the cap
system is terminated in accordance with paragraph (E)(8)(d) of this rule, the
owner or operator shall complete construction of a cap system as specified in
rule
3745-400-07
of the Administrative Code.
(9)
File with the
appropriate county recorder a plat of the facility and information describing
the acreage, exact location, depth, volume, and nature of the placed
debris.
(10)
Record a notation on the deed to the facility property
or on another instrument that is examined during title search, alerting in
perpetuity any potential purchaser of the property that the land has been used
as a construction and demolition debris facility. The notation shall include
information describing the acreage, exact location, depth, volume and nature of
the placed debris.
(11) Not later
than each anniversary of ceasing to accept debris for disposal,
annually submit
updated final closure and postclosure care financial assurance documentation
prepared in accordance with rules
3745-400-13
and
3745-400-18
of the Administrative Code using forms prescribed by the director. The cost
estimates shall be revised to account for any changes at the facility and
at a
minimum be adjusted for inflation. The
adjustment shall be made using the preceding February inflation factor derived
from the annual implicit price deflator for gross domestic product as published
by the United States department of commerce.
(12)
Retain all
authorizing documents and completed daily logs of operations at a location
acceptable to the licensing authority where the documents are available for
inspection by Ohio EPA or the approved board of health during normal business
hours.
(13)
Maintain all records and reports generated during
final closure at a location acceptable to the licensing authority where the
documents are available for inspection by Ohio EPA or the approved board of
health during normal business hours.
(F)
For a co-located
processing facility, the owner or operator shall complete final closure
activities as follows:
(1)
Not later than ninety days after the date final closure
is triggered, clean all debris handling equipment, working surfaces, and areas
within the co-located processing facility boundary including but not limited to
the following:
(a)
Removing all construction and demolition debris and
prohibited materials from the co-located processing facility and lawfully
managing the construction and demolition debris and prohibited
materials.
(b)
Employing other procedures that reduce or eliminate
contaminants that were derived from contact with construction and demolition
debris, all areas within the processing facility boundary and appurtenances
including but not limited to containers, equipment, machines, floors, and
working surfaces.
(2)
Not later than
thirty days after all construction and demolition debris has been removed from
the co-located processing facility, dismantle surface water drainage and
sediment control structures associated with the co-located processing
facility.
(3)
Not later than ten days after completing final closure
of the co-located processing facility, submit to the licensing authority a
written closure certification report, signed and certified in accordance with
rule
3745-500-50 of the
Administrative Code, verifying that closure has been completed in accordance
with this rule.
[Comment: Records required by paragraphs (E)(12) and (E)(13) of
this rule shall be kept throughout the post-closure care period in accordance
with rule
3745-400-16
of the Administrative Code.]
(G) Monitoring and
reporting. All monitoring and reporting activities the operating life of the facility
shall be continued during the final closure period.
(H) Completion. Final
closure of the facility shall be deemed complete upon the licensing authority's
written concurrence with the final closure certification report, required by
paragraph (D) of rule
3745-400-08
of the Administrative Code. If required by rule
3745-400-16
of the Administrative Code, post-closure care of the facility shall begin when
final closure has been deemed complete. Final closure
of a co-located processing facility shall be deemed complete upon the licensing
authority's concurrence with the final closure certification report submitted
in accordance with paragraph (F)(3) of this rule. The
licensing authority
shall make a determination on concurrence not later than ninety days after
receipt of the final closure certification report.
(I) Entry for
inspection. The licensing authority, or the
director, upon proper identification, may enter
at reasonable times during the
final closure period for the purpose of determining compliance with this rule.
(J)
Continuance of
co-located processing facility operations.
(1)
The owner or
operator of a co-located processing facility for which mandatory closure has
been triggered in accordance with paragraph (B)(1) or (B)(3) of this rule may
request to continue operating the processing facility by submitting to the
licensing authority written notice of intent to continue operating not later
than fourteen days after triggering closure.
(2)
After submitting
the notice in accordance with paragraph (K)(1) of this rule, but not later than
one hundred eighty days after triggering mandatory closure in accordance with
paragraph (B)(1) or (B)(3) of this rule, the owner or operator shall submit to
the permitting authority a permit application in accordance with rule
3745-400-50 of the Administrative Code.
(3)
The owner or
operator seeking to continue operating pursuant to paragraph (K) (1) of this
rule shall comply with rule
3745-400-11
of the Administrative Code until one of the following occurs:
(a)
A processing
facility permit to install is issued by the permitting
authority.
(b)
Final closure of the co-located processing facility is
completed in accordance with this rule.
(4)
The owner or
operator shall commence and complete closure of a co-located processing
facility in accordance with this rule if the permit application required by
paragraph (K)(2) of this rule is not timely submitted or is denied as a final
action of the permitting authority.