Current through all regulations passed and filed through December 16, 2024
(A)
The owner or
operator of a composting facility shall perform closure as specified in this
rule if any of the following occurs:
(1)
The composting
facility ceases to be an active composting facility.
(2)
A solid waste
facility license held by the owner or operator of the composting facility
expires and no license renewal has been applied for in the manner prescribed in
Chapter 3745-501 of the Administrative Code.
(3)
A solid waste
facility license held by the owner or operator of the composting facility
expires and a license renewal has been applied for and denied as a final action
of the licensing authority.
(4)
A solid waste
facility license held by the owner or operator of the composting facility has
been revoked as a final action of the licensing authority.
(5)
The director
issues a final action addressing the following:
(a)
The owner or
operator sells or offers for sale at retail or wholesale, uses, distributes for
use, or gives away any compost that does not comply with the applicable quality
standards established in this chapter.
(b)
Waste materials
were accepted at the facility prior to obtaining a license in accordance with
Chapter 3745-501 of the Administrative Code.
(c)
The establishment
or operation of the composting facility has violated Chapter 3704., 3714.,
3734., or 6111. of the Revised Code or rules adopted
thereunder.
(B)
The owner or
operator of a facility required to perform closure in accordance with this rule
shall do the following:
(1)
If the facility is closing pursuant to paragraph (A)(1)
of this rule, send a written notification to Ohio EPA, the approved board of
health, and the solid waste management district indicating the date on which
the facility will cease acceptance of the waste materials.
(2)
Not later than
seven days after closure is required under paragraph (A) of this rule, the
owner or operator of a composting facility that allowed public access shall
post signs, stating in letters not less than three inches high that the
facility is closed. The signs shall be posted in such a manner as to be easily
visible at all access points into the facility and shall be maintained in
legible condition for not less than one year, or until the facility re-opens as
a registered composting facility or is converted to an alternative use. The
text of the signs shall be the following:
"This facility is closed for all
composting activities and all receipt of waste materials. Depositing solid
wastes at this site constitutes open dumping which is a violation of Chapter
3734. of the Revised Code."
(3)
Conduct the
facility closure requirements in accordance with paragraph (C) of this
rule.
(4)
Send written notification to Ohio EPA or approved board
of health certifying that the facility closure requirements have been completed
in accordance with this rule.
(5)
Comply with rule
3745-560-210 of the
Administrative Code until receipt of a letter of concurrence from Ohio EPA or
the approved board of health stating that the facility is in compliance with
the closure requirements of this rule.
(C)
Closure
requirements. The owner or operator shall perform the following closure
activities:
(1)
Remove compost products and solid wastes from the composting
facility.
(2)
Remove and properly dispose of leachate remaining on
the site in accordance with applicable laws and regulations.
(3)
Modify, remove,
or seal the leachate collection system to prevent discharges from the system to
surface waters of the state or ground water unless such discharges are
otherwise regulated in accordance with Chapter 6111. of the Revised Code.
(4)
Clean
containers, equipment, machines, and materials placement area surfaces that
were in contact with solid wastes at any time during the operation of the
facility using procedures that substantially reduce or eliminate any remaining
constituents or contaminants. This paragraph does not apply to materials
placement area surfaces composed of soil, gravel, slag, or other permeable
material.
(D)
Criteria for termination of a registration. A
registration for a facility that has completed closure shall terminate upon
receipt of a letter of concurrence by Ohio EPA or the approved board of health
stating that the facility is in compliance with the closure requirements
contained in this rule.
(E)
This rule does not apply to a registrant who requests
termination of a composting facility registration after obtaining a class I
composting facility permit to install and annual license.
(F)
An owner or
operator who requests the termination of the composting facility registration
after the composting facility ceases to be an active composting facility, for
the purpose of a change to a class III or IV composting facility, or to change
to a yard waste only transfer facility in accordance with Chapter 3745-555 of
the Administrative Code, may submit a written request to Ohio EPA or the
approved board of health for alternative closure requirements. Ohio EPA or the
approved board of health may approve alternative closure requirements provided
the requirements are protective of public health, safety, and the
environment.
Replaces: 3745-560-235
