Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-56 - Surface Impoundments, Waste Piles, and Tanks
Section 3745-56-28 - Closure and post-closure
Universal Citation: OH Admin Code 3745-56-28
Current through all regulations passed and filed through March 18, 2024
(A) At closure the owner or operator must:
(1) Remove or decontaminate all waste
residues, contaminated containment system components (liners, etc.),
contaminated subsoils, and structures and equipment contaminated with waste and
leachate, and manage them as hazardous waste unless paragraph (D) of rule
3745-51-03
of the Administrative Code applies; or
(2)
(a)
Eliminate free liquids by removing liquid wastes or solidifying the remaining
wastes and waste residues; and
(b)
Stabilize remaining wastes to a bearing capacity sufficient to support final
cover; and
(c) Cover the surface
impoundment with a final cover designed and constructed to:
(i) Provide long-term minimization of the
migration of liquids through the closed impoundment; and
(ii) Function with minimum maintenance; and
(iii) Promote drainage and
minimize erosion or abrasion of the final cover; and
(iv) Accommodate settling and subsidence so
that the cover's integrity is maintained; and
(v) Have a permeability less than or equal to
the permeability of any bottom liner system or natural subsoils present.
(B) If some waste residues or contaminated materials are left in place at final closure, the owner or operator must comply with all post-closure requirements contained in rules 3745-55-17 to 3745-55-20 of the Administrative Code, including maintenance and monitoring throughout the post-closure care period(specified in the permit under rule 3745-55-17 of the Administrative Code). The owner or operator must:
(1) Maintain the integrity and effectiveness
of the final cover, including making repairs to the cap as necessary to correct
the effects of settling, subsidence, erosion, or other events; and
(2) Maintain and monitor the leak detection
system in accordance with paragraphs (C)(2)(d) and (C)(3) of rule
3745-56-21
and paragraph (D) of rule
3745-56-26
of the Administrative Code, and comply with all other applicable leak detection
system requirements of Chapters 3745-54 to 3745-57 and 3745-205 of the
Administrative Code.
(3) Maintain
and monitor the ground water monitoring system and comply with all other
applicable requirements of rules
3745-54-90
to
3745-54-101
of the Administrative Code; and
(4)
Prevent run-on and run-off from eroding or otherwise damaging the final
cover.
(C)
(1) If an owner or operator plans to close a
surface impoundment in accordance with paragraph (A)(1) of this rule, and the
impoundment does not comply with the liner requirements of paragraph (A) of
rule
3745-56-21
of the Administrative Code and is not exempt from them in accordance with
paragraph (B) of rule
3745-56-21
of the Administrative Code, then:
(a) The
closure plan for the impoundment, under rule
3745-55-12
of the Administrative Code must include both a plan for complying with
paragraph (A)(1) of this rule and a contingent plan for complying with
paragraph (A)(2) of this rule in case not all contaminated subsoils can be
practicably removed at closure; and
(b) The owner or operator must prepare a
contingent post-closure plan under rule
3745-55-18
of the Administrative Code for complying with paragraph (B) of this rule in
case not all contaminated subsoils can be practicably removed at closure.
(2) The cost estimates
calculated under rules
3745-55-42
and
3745-55-44
of the Administrative Code for closure and post-closure care of a surface
impoundment subject to paragraphs (C) to (C)(2) of this rule must include the
cost of complying with the contingent closure plan and the contingent
post-closure plan, but are not required to include the cost of expected closure
under paragraph (A)(1) of this rule.
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