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 occur:
(1)
The composting
facility ceases to be an active composting facility.
(2)
The director
issues a final action addressing either of 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)
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
3745-560-410 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)
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 appropriate authorizations for a class I, II, or
III composting facility.
(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, 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: 3745-560-435
