Ohio Admin. Code 3745-27-15 - Financial assurance for solid waste landfill closure
For the purposes of this rule, "owner or operator" means the owner or operator of a solid waste landfill.
(A) Applicability.
(1)
For sanitary
landfill facilities, solid waste incinerators, scrap tire storage facilities,
scrap tire recovery facilities, and scrap tire transporters, financial
assurance information
The owner or
operator shall be submitted
submit financial assurance information as part of
a permit to install or registration
certificate application for a new solid waste
facility
landfill, for a modification that increases the
closure cost estimate of an existing facility
solid waste
landfill, or
and as part of a permit to install application
submitted in response to division (A)(3) or (A)(4) of section
3734.05 of the Revised
Code.
(2) For
sanitary landfill facilities
solid waste landfills that were not issued a permit to
install or that are subject to paragraph (A)
of rule 3745-27-11 or
rule 3745-30-09 of
the Administrative Code, as applicable, the owner or operator shall submit to
Ohio EPA a closure financial assurance instrument in accordance with this
rule.
(B) Implementation.
(1) The owner or operator
of a solid waste facility shall execute and
fund the closure financial assurance instrument submitted as a part of a permit
to install or registration certification
application prior to receipt of solid waste at a new solid waste
facility
landfill, prior to acceptance of waste pursuant to a
modification that increases the closure cost
estimates
estimate of an existing solid waste
facility
landfill, or prior to issuance of a permit to install
for which an application was submitted in response to division (A)(3) or (A)(4)
of section 3734.05 of the Revised
Code.
(2) The owner or operator of a
sanitary landfill facility that did not receive a
permit to install or is subject to paragraph
(A) of rule 3745-27-11 or
rule
3745-30-09 of the Administrative Code, as applicable, shall execute and fund
the closure financial assurance instrument not later than sixty days after
approval of the closure/post-closure care plan.
(3) Scrap tire transporters shall
execute and fund the closure financial assurance instrument submitted as part
of a registration certificate application prior to issuance of a registration
certificate.
(C) Closure financial assurance instrument.
(a)(1) The closure
financial assurance instrument for a sanitary
solid waste
landfill facility or solid waste
incinerator shall contain an itemized written estimate, in current
dollars, of the cost of closure. The closure cost estimate shall be based on
the closure costs at the point in the operating life
of the facility when the extent and manner of its operation would make the
closure the most expensive, and be based on a third party conducting
the closure activities.
and the following:
Ohio
(1) Solid waste
facilities.
(a)
The cost of closure at the point in the operating life
of the solid waste landfill when the extent and manner of the solid waste
landfill's operation would make the closure the most expensive.
(b)
To address
multi-year closure activities at the solid waste landfill, the cost of the
following for each fifty-acre increment:
(i)
Mobilization.
(ii)
Demobilization.
(iii)
Operation and
maintenance activities including but not limited to monitoring, maintenance of
engineered components, and leachate
disposal.
(2)
Ohio EPA
may review, approve, or require revisions to the closure cost estimate or to
the closure financial assurance instrument.
(b) The closure financial assurance
instrument for a scrap tire storage or recovery facility shall contain an
itemized written estimate, in current dollars, of the cost for a third party to
complete closure of the facility. Ohio EPA may review, approve, or require
revisions to the closure cost estimate or to the closure financial assurance
instrument. The cost estimate shall be based on one of the
following:
(i) The cost of closure performed in
accordance with rule 3745-27-66 of the Administrative Code.
(ii) The fixed fee closure cost
estimate calculated in accordance with paragraph (C)(3) of this
rule.
(c) The closure financial assurance
instrument for a mobile scrap tire recovery facility or for portable equipment
operated by a licensed class I or II scrap tire recovery facility at a site
other than the facility's licensed site shall contain a closure cost estimate
of fifty thousand dollars.
(2) For a scrap tire transporter,
the financial assurance instrument shall contain a closure cost estimate of
twenty thousand dollars.
(3) For the purposes of this rule,
the fixed fee closure cost estimate for a solid waste facility that is a scrap
tire storage or scrap tire recovery facility shall be calculated as shown in
rule 3745-27-61 of the Administrative Code. The closure cost estimate shall be
based on the closure costs at the point in the operating life of the facility
when the extent and manner of its operation would make the closure the most
expensive, and shall be based on a third party conducting the closure
activities. Ohio EPA may review, approve, or require revisions to the closure
cost estimate or to the closure financial assurance instrument.
(D) Review of closure
financial assurance instruments. The owner or operator
of a solid waste facility shall
review the closure cost estimate as follows and
submit the most recently adjusted closure cost estimate and financial assurance instrument to the director by
certified mail or any other form of mail accompanied by a receipt. The owner or operator of a solid waste facility or scrap
tire transporter that has a closure cost estimate greater than twenty thousand
dollars shall do the following: (2)(3) Annually adjust the
closure cost estimate 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 U.S. department of commerce. The inflation factor is the result of
dividing the latest published annual deflator by the deflator for the previous
year. The inflation adjustment shall be calculated as follows:
(1)
Annually review and analyze the closure cost estimate
and make any appropriate revisions to the estimates
and to the financial assurance instrument whenever a change in the closure
activities increases the cost of closure. Any revised closure cost estimate shall be adjusted for
inflation as specified in paragraph (D)(2) of this rule.
(2)
If a change
occurs that increases the cost of closure, revise the closure cost estimate to
account for the increase.
(a) For the first adjustment, by multiplying
the closure cost estimate by the inflation factor. The result is the adjusted
closure cost estimate.
(b) For
subsequent adjustments, by multiplying the most recently adjusted closure cost
estimate by the most recent inflation factor.
(E) The owner or operator
of a solid waste facility or scrap tire
transporter shall select a closure financial assurance mechanism from
the list of mechanisms specified in paragraphs (F) to (L) of this rule, except
as otherwise specified by this rule, provided the owner or operator satisfies
the criteria for use of that mechanism.
(F) Closure trust fund.
(10)(9) The director may
agree to termination of the trust when one of the
following occurs:
(1) The owner or operator may satisfy the
requirements of this rule by establishing a closure trust fund that conforms to
this paragraph and by sending an originally signed duplicate of the trust
agreement to the director within the time period outlined in paragraph (B) of
this rule and by submitting a copy into the operating record of the facility in
accordance with rule
3745-27-09 of the Administrative
Code, if applicable. The trustee shall be
an entity that has the authority to act as a trustee and whose trust operations
are regulated and examined by a federal or state agency.
(2) The wording of the trust agreement shall
be identical to the wording specified in paragraph (A)(1) of rule
3745-27-17 of the Administrative
Code on forms prescribed by the director and be accompanied by a formal
certification of acknowledgment. "Schedule A" of the trust agreement shall be
updated not later than sixty days after a change in the amount of the current
closure cost estimate provided for in the agreement.
(3) A closure trust fund shall be established
to secure an amount at least equal to the current closure cost estimate
or the scrap tire transporter cost
estimate, except as provided in paragraph (M) of this rule. Except for
payments made in accordance with paragraph (F)(4) of this rule, payments to the
trust fund shall be made annually by the owner or operator during the pay-in
period. The pay-in period shall be the anticipated life of the facility as
calculated using the authorized maximum daily waste receipt and the approved
volume of the solid waste facility as shown in the authorizing document. A
receipt from the trustee for each payment shall be submitted by the owner or
operator to the director and the first payment into the closure trust fund
shall be at least equal to the current closure cost estimate divided by the
number of years in the payin period, except as provided in paragraph (M) of
this rule and shall be made in accordance with this rule. Subsequent payments
to the closure trust fund shall be made as follows:
(a) Not later than thirty days after each
anniversary date of the first payment. The amount of each subsequent payment
shall be determined by performing the following calculation:
Next payment = (CE - CV) / Y
Where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(b) If the
owner or operator establishes a trust fund, as specified in this rule, and the
value of the trust fund is less than any revised current closure cost estimate
made during the pay-in period, the amount of the current closure cost estimate
still to be paid into the trust fund shall be paid in by the owner or operator over the pay-in period, as defined in paragraph (F)(3) of this rule.
Payments
The owner
or operator shall continue to be
made
make payments not later than thirty
days after each anniversary date of the first payment pursuant to paragraph
(F)(3)(a) of this rule. The amount of each payment shall be determined by
performing the following calculation:
Next payment = (CE - CV) / Y
Where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(c) The owner
or operator may make the first installment of the pay-in period by providing
alternative financial insurance using one of the mechanisms specified in
paragraph (G), (I), or (J) of this rule in an amount at least equal to the
first installment. On the anniversary date of the first installment, the owner
or operator shall pay into the trust an amount at least equal to the first and
second installments required by this paragraph or select an alternative
financial assurance mechanism.
(4) The owner or operator may accelerate
payments into the trust fund or deposit the full amount of the current closure
cost estimate at the time the fund is established. The owner or operator shall
maintain the value of the fund at no less than the value of the fund if annual
payments were made as specified in paragraph (F)(3) of this rule.
(5) If the owner or operator establishes a
closure trust fund after having begun funding closure under any mechanism
specified in this rule, the closure trust fund shall be established by
depositing the total value of all prior mechanisms into the newly established
trust fund. The subsequent annual payments shall be made as specified in
paragraph (F)(3) of this rule.
(6)
After the pay-in period of a trust fund has ended and the current closure cost
estimate changes, the owner or operator shall compare the revised estimate to
the trustee's most recent annual valuation of the trust fund. If the value of
the trust fund is less than the amount of the revised estimate, the owner or
operator shall, not later than sixty days after the change in the cost
estimate, either deposit a sufficient amount into the trust fund so that the
value after payment at least equals the amount of the current closure cost
estimate, or obtain alternative financial assurance as specified in this rule
to compensate for the difference.
(7) The director shall instruct the trustee
to release to the owner or operator such funds as the director specifies in
writing after receiving one of the following requests from the owner or
operator:
(a) Release of the amount in excess
of the current closure cost estimate, if the value of the trust fund is greater
than the total amount of the current closure cost estimate.
(b) Release of the amount in the trust fund
that exceeds the amount required as a result of such substitution, if the owner
or operator substitutes any of the alternative financial assurance mechanisms
specified in this rule for all or part of the trust fund.
(8) Reimbursement for closure
at solid waste facilities. After beginning
closure the owner or operator, or any other person authorized by the owner,
operator, or director to perform closure, may request reimbursement for closure
expenditures by submitting itemized bills to the director. After receiving
itemized bills for closure activities, the director shall determine whether the
closure expenditures are in accordance with the closure/post-closure plan,
permit or registration requirements, or
applicable rules, or are otherwise justified, and if so, shall instruct the
trustee to make reimbursement in such amounts as the director specifies in
writing. If the director determines that the cost of closure will be greater
than the value of the trust fund, the director may withhold reimbursement of
such amounts as the director deems prudent until the director determines, in
accordance with paragraph (O) of this rule, that the owner or operator is no
longer required to maintain financial assurance for closure of the
facility
solid waste
landfill.
(9) The owner or operator may
request reimbursement from the scrap tire transporter trust fund as
follows:
(a) When the requirements of
paragraph (O) of this rule have been met.
(b) To remove and properly dispose
of scrap tires that have been open dumped by the scrap tire
transporter.
(c) To comply with rule 3745-27-79
of the Administrative Code.
(d) To cover the owner or operator's
liability for sudden, accidental occurrences that result in damage or injury to
persons or property or to the environment.
(e) For expenditures specified in
this rule that may be reimbursed by submitting itemized bills to the director.
After receiving itemized bills, the director shall determine whether the
expenditures are authorized by this rule and are in accordance with the
applicable requirements of Chapter 3745-27 of the Administrative Code, or are
otherwise justified, and if so, shall instruct the trustee to make
reimbursement in such amounts as the director specifies in writing. If the
director has reason to believe that the value of the trust fund will be
insufficient to cover the cost of the required activities, the director may
withhold reimbursement of such amounts as the director deems prudent until the
director determines, in accordance with paragraph (O) of this rule, that the
owner or operator is no longer required to maintain scrap tire transporter
financial assurance.
(a) The owner or operator
substitutes alternative financial assurance for closure as specified in this
rule.
(b) The director notifies the
owner or operator, in accordance with paragraph (O) of this rule, that the
owner or operator is no longer required by this rule to maintain financial
assurance for closure of the facility or for a scrap
tire transporter
solid waste
landfill.
(G) Surety bond guaranteeing payment into a
closure trust fund.
(1) The owner or operator
may satisfy the requirements of this rule by obtaining a surety bond that
conforms to the requirements of this paragraph and by delivering the originally
signed bond to the director by certified mail or any other form of mail
accompanied by a receipt within the time period outlined in
paragraphs (A) and
paragraph (B) of this rule and by submitting a copy of
the bond into the operating record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable. The surety company
issuing the bond shall at a minimum be among those listed as acceptable
sureties on federal bonds in the most recent listing of approved sureties as
published by the U.S. department of the treasury.
(2) The wording of the surety bond shall be
identical to the wording specified in paragraph (B) of rule
3745-27-17 of the Administrative
Code on forms prescribed by the director.
(3) The owner or operator who uses a surety
bond to satisfy the requirement of this
rule shall also establish a standby trust fund not later than when the bond is
obtained. Under the terms of the surety bond, all payments made thereunder will
be deposited by the surety directly into the standby trust fund in accordance
with instructions from the director. This standby trust fund shall meet
paragraph (F) of this rule, except as follows:
(a) An originally signed duplicate of the
trust agreement shall be delivered to the director with the surety bond and a
copy shall be placed in the operating
record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable.
(b) Until the standby trust fund is funded,
pursuant to the requirements of this rule, the following are not required:
(i) Payments into the trust fund as specified
in paragraph (F) of this rule.
(ii)
Revisions of "Schedule A" of the trust agreement to show
the current closure cost estimate
or scrap tire transporter closure cost
estimate.
(iii) Annual
valuations as required by the trust agreement.
(iv) Notices of nonpayment as required by the
trust agreement.
(4) The bond shall guarantee that the surety
will become liable on the bond obligation unless the owner or operator does one
of the following, as applicable:
(d)(c) Not later than
ninety days after both the owner or operator and the director receive notice of
cancellation of the bond from the surety, provides alternative financial
assurance as specified in this rule and obtains the director's written approval
of the alternative financial assurance provided.
(a) Funds the standby trust fund in an amount
equal to the penal sum of the bond before the beginning of closure of the
facility
solid waste
landfill.
(b)
For a solid waste facility, funds
Funds the standby trust fund in an amount equal to the
penal sum not later than fifteen days after a
mandatory
final closure
is triggered in accordance with the
closure/post-closure care plan, permit or registration requirements,
and
or
applicable rules.
(c) For a scrap tire transporter,
funds the standby trust fund in an amount equal to the penal sum of the bond in
accordance with the following, as applicable:
(i) Before the registration
certificate issued to the scrap tire transporter has expired and a renewal
registration has not been applied for in the manner prescribed in this
chapter.
(ii) Not later than fifteen days
after the denial of a renewal registration certificate applied for by the owner
or operator.
(iii) Not later than fifteen days
after the suspension or revocation of the registration certificate issued to
the owner or operator.
(5) Under the terms of the bond, the surety
shall become liable on the bond obligation when the owner or operator fails to
perform as guaranteed by the bond.
(6) The penal sum of the bond shall be in an
amount at least equal to the current closure cost estimate except as provided
in paragraph (M) of this rule.
(7)
Whenever the current closure cost estimate increases to an amount greater than
the penal sum of the bond, the owner or operator shall, not later than sixty
days after the increase in the estimate, either cause the penal sum of the bond
to be increased to an amount at least equal to the current closure cost
estimate and submit evidence of such increase to the director, and into the operating record in accordance with
rule 3745-27-09 of the Administrative
Code, if applicable, or obtain alternative
financial assurance, as specified in this rule, to compensate for the increase.
Whenever the current closure cost estimate decreases, the penal sum may be
reduced to the amount of the current closure cost estimate following written
approval by the director. Notice of an increase or a proposed decrease in the
penal sum shall be sent to the director not later than sixty days after the
change.
(8) Under the terms of the
bond, the bond shall remain in force unless the surety sends written notice of
cancellation by certified mail or any other form of mail accompanied by a
receipt to the owner or operator and to the director. Cancellation cannot
occur, however, during the one hundred twenty day period beginning on the first
day that both the owner or operator and the director have received the notice
of cancellation, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond
if the director has given prior written consent. The director shall provide
such written consent to the surety bond company when one of the following
occurs:
(a) The owner or operator substitutes
alternative financial assurance for closure of a
facility or for a scrap tire transporter
the
solid waste landfill as specified in this rule.
(b) The director notifies the owner or
operator, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to
maintain financial assurance for closure of a
facility or for a scrap tire transporter
the
solid waste landfill.
(H) Surety bond guaranteeing performance of
closure.(a)(5)
Under the terms of the bond, the surety will become liable on the bond
obligation when the owner or operator fails to perform as guaranteed by the
bond. Following a determination by the director that the owner or operator of
the solid waste facility
landfill has failed to perform closure activities in
accordance with the closure/post-closure care plan, permit
or registration requirements,
and
or
applicable rules, the surety shall perform closure in accordance with the
closure/post-closure care plan, permit or
registration requirements, and applicable rules, or will deposit the
amount of the penal sum into the standby trust fund.
(1) The owner or operator may satisfy
the requirements of this rule by obtaining a surety bond which conforms to the
requirements of this paragraph and by delivering the originally signed bond to
the director within the time period outlined in paragraphs (A) and
paragraph (B) of this rule and by submitting a copy of
the surety bond into the operating record of the facility in accordance with
rule 3745-27-09 of the Administrative
Code, if applicable. The surety company
issuing the bond shall at a minimum be among those listed as acceptable
sureties on federal bonds in the most recent listing of approved sureties as
published by the U.S. department of the treasury.
(2) The wording of the surety bond shall be
identical to the wording specified in paragraph (C) of rule
3745-27-17 of the Administrative
Code on forms prescribed by the director.
(3) The owner or operator who uses a surety
bond to satisfy the requirements of this rule shall also establish a standby
trust fund. Under the terms of the surety bond, all payments made thereunder
will be deposited by the surety directly into the standby trust fund in
accordance with instructions from the director. This standby trust fund shall
meet paragraph (F) of this rule except as follows:
(a) An originally signed duplicate of the
trust agreement shall be delivered to the director with the surety bond, and a
copy shall be placed in the operating record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable.
(b) Unless the standby trust fund is funded
pursuant to this rule, the following are not required:
(i) Payments into the trust fund as specified
in paragraph (F) of this rule.
(ii)
Revisions of "Schedule A" of the trust agreement to show
the current closure cost estimate
or the scrap tire transporter cost
estimate.
(iii) Annual
valuations as required by the trust agreement.
(iv) Notices of nonpayment as required by the
trust agreement.
(4) The bond shall guarantee that the surety
will become liable on the bond obligation unless the owner or operator does one
of the following, as applicable:
(c)(b)
Provides
Not later
than ninety days after both the owner or operator and the director receive
notice of cancellation of the bond from the surety, provides alternative
financial assurance as specified in this rule and obtains the director's
written approval of the alternative financial assurance provided
not later than ninety days after both the owner or
operator and the director receive notice of cancellation of the bond from the
surety.
(a)
For a solid
waste facility, performs
Performs closure
in accordance with the closure/post-closure plan, permit or registration
requirements, and
or applicable rules.
(b) For a scrap tire transporter,
the following, as applicable:
(i) Removes and properly disposes of
any scrap tires in the scrap tire transporter's possession or which have been
open dumped by the scrap tire transporter.
(ii) Complies with the requirements
of rule 3745-27-79 of the Administrative Code.
(iii) Provides coverage for the
owner or operator's liability for sudden, accidental occurrences that result in
damage or injury to persons or property or to the environment.
(5)
(b) In the case of a scrap tire
transporter, following a determination by the director that the owner or
operator has failed to perform the activities specified in paragraph (H)(4)(b)
of this rule, the surety shall perform the activities specified in paragraph
(H)(4)(b) of this rule, or will deposit the amount of the penal sum into the
standby trust fund.
(6) The penal sum of the bond shall be in an
amount at least equal to the current closure cost estimate
or the scrap tire transporter cost
estimate.
(7) Whenever the
current closure cost estimate increases to an amount greater than the penal sum
of the bond, the owner or operator shall, not later than sixty days after the
increase in the estimate, either cause the penal sum of the bond to be
increased to an amount at least equal to the current closure cost estimate and
submit evidence of such increase to the director, and into the operating record in accordance with
rule 3745-27-09 of the Administrative
Code, if applicable, or obtain alternative
financial assurance, as specified in this rule, to compensate for the increase.
Whenever the current closure cost estimate decreases, the penal sum may be
reduced to the amount of the current closure cost estimate following written
approval by the director. Notice of an increase or a proposed decrease in the
penal sum shall be sent to the director by certified mail or any other form of
mail accompanied by a receipt not later than sixty days after the
change.
(8) Under the terms of the
bond, the bond shall remain in force unless the surety sends written notice of
cancellation by certified mail or any other form of mail accompanied by a
receipt to the owner or operator and to the director. Cancellation cannot
occur, however, during the one hundred twenty day period beginning on the first
day that both the owner or operator and the director have received the notice
of cancellation as evidenced by the return receipts.
(9) The owner or operator may cancel the bond
if the director has given prior written consent. The director shall provide
such written consent to the surety bond company when one of the following
occurs:
(a) The owner or operator substitutes
alternative financial assurance for closure of a
facility or for a scrap tire transporter
the
solid waste landfill as specified in this rule.
(b) The director notifies the owner or
operator, in accordance with paragraph (O) of this rule, that the owner or
operator is no longer required by this rule to maintain financial assurance for
closure of a facility or for a scrap tire
transporter
the solid waste
landfill.
(10) The
surety shall not be liable for deficiencies in the completion of closure of
a facility or scrap tire transporter
the solid waste landfill by the owner or operator
after the owner or operator has been notified by the director, in accordance
with this rule, that the owner or operator is no longer required to maintain
financial assurance for closure of a facility or for
a scrap tire transporter
the solid waste
landfill.
(I)
Closure letter of credit.
(1) The owner or
operator may satisfy the requirements of this rule by obtaining an irrevocable
standby letter of credit ("letter of credit") which conforms to the
requirements of this paragraph and by having the originally signed letter of
credit delivered to the director by certified mail or any other form of mail
accompanied by a receipt within the time period outlined in
paragraphs (A) and
paragraph (B) of this rule and by submitting a copy of
the letter of credit into the operating record of the facility in accordance
with rule
3745-27-09 of the Administrative
Code, if applicable. The issuing
institution shall be an entity which has the authority to issue letters of
credit and whose letter of credit operations are regulated and examined by a
federal or state agency.
(2) The
wording of the letter of credit shall be identical to the wording specified in
paragraph (D) of rule
3745-27-17 of the Administrative
Code on forms prescribed by the director.
(3) An owner or operator who uses a letter of
credit to satisfy the requirements of this rule shall also establish a standby
trust fund. Under the terms of the letter of credit, all amounts paid pursuant
to a draft by the director shall be deposited promptly and directly by the
issuing institution into the standby trust fund in accordance with instructions
from the director. The standby trust fund shall meet the requirements of the
trust fund specified in paragraph (F) of this rule, except as follows:
(a) An originally signed duplicate of the
trust agreement shall be delivered to the director with the letter of credit,
and a copy shall placed in the operating
record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable.
(b) Unless the standby trust fund is funded
pursuant to this rule, the following are not required:
(i) Payments into the trust fund as specified
in paragraph (F) of this rule.
(ii)
Updating of "Schedule A" of the trust agreement to show current closure cost
estimate or the scrap tire transporter closure cost
estimate.
(iii) Annual
valuations as required by the trust agreement.
(iv) Notices of nonpayment as required by the
trust agreement.
(4) The letter of credit shall be accompanied
by a letter from the owner or operator referring to the letter of credit by
number, issuing institution, and date, and providing the following information:
the names and addresses of the solid waste facility
and the owner and the operator and the amount of funds assured for closure of
the facility by the letter of credit or in the case of scrap tire transporters,
the name and address of the owner and the operator.
(a)
The names and
addresses of the solid waste landfill, owner, and operator.
(b)
The amount of
funds assured for closure of the solid waste landfill by the letter of
credit.
(5) The
letter of credit shall be irrevocable and issued for a period of at least one
year. The letter of credit shall provide that the expiration date will be
automatically extended for a period of at least one year unless, at least one
hundred twenty days prior to the current expiration date, the issuing
institution notifies both the owner and operator and the director by certified
mail or any other form of mail accompanied by a receipt of a decision not to
extend the expiration date. Under the terms of the letter of credit, the one
hundred twenty day period shall begin on the day when both the owner or
operator and the director have received the notice, as evidenced by the return
receipts.
(6) The letter of credit
shall be issued in an amount at least equal to the current closure cost
estimate, or the scrap tire transporter closure cost
estimate except as provided in paragraph (M) of this rule.
(7) Whenever the current closure cost
estimate increases to an amount greater than the amount of the credit, the
owner or operator shall, not later than sixty days after the increase, either
cause the amount of the credit to be increased to an amount at least equal to
the current closure cost estimate and submit evidence of such increase to the
director and into the operating record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable, or obtain alternative
financial assurance, as specified in this rule, to compensate for the increase.
Whenever the current closure cost estimate decreases, the letter of credit may
be reduced to the amount of the current closure cost estimate following written
approval by the director. Notice of an increase or a proposed decrease in the
amount of the letter of credit shall be sent to the director by certified mail
or any other form of mail accompanied by a receipt not later than sixty days
after the change.
(8) Under the
terms of the letter of credit, the director may draw on the letter of credit
following a determination that the owner or operator has failed to do the
following:(c)(b) Provide alternative
financial assurance as specified in this rule and obtain written approval of
such alternative financial assurance from the director not later than ninety
days after the owner and operator and the director have received notice from
the issuing institution that it will not extend the letter of credit beyond the
current expiration date. The director shall draw on the letter of credit and
may delay the drawing if the issuing institution grants an extension of the
term of the credit. During the thirty days of any such extension the director
shall draw on the letter of credit if the owner or operator has failed to
provide alternative financial assurance as specified in this rule and has
failed to obtain written approval of such alternative financial assurance from
the director.
(a)
For
a solid waste facility, perform
Perform
closure in accordance with the closure/post-closure care plan, permit
or registration requirements,
and
or
applicable rules.
(b) For a scrap tire transporter the
following, as applicable:
(i) Remove and properly dispose of
any scrap tires which have been open dumped by the scrap tire
transporter.
(ii) Comply with rule 3745-27-79 of
the Administrative Code.
(iii) To cover the owner or
operator's liability for sudden, accidental occurrences that result in damage
or injury to persons or property or to the environment.
(9) The
director shall return the original letter of credit to the issuing institution
for termination when either of the following occur:
(a) The owner or operator substitutes
alternative financial assurance for closure of a
facility or a scrap tire transporter
the solid
waste landfill as specified in this rule.
(b) The director notifies the owner or
operator, in accordance with paragraph (O) of this rule, that the owner or
operator is no longer required to maintain financial assurance for closure of
a facility or a scrap tire transporter
the solid waste
landfill.
(J) Closure insurance.
(6)(5) Reimbursement for
closure. The owner or operator, or any other person authorized by the owner,
operator, or director to perform closure, may request reimbursement for closure
expenditures by submitting itemized bills to the director. After receiving
itemized bills for closure activities, the director shall determine whether the
closure expenditures are in accordance with the closure/post-closure care plan,
permit or registration requirements,
and
or
applicable rules, or are otherwise justified, and if so, shall instruct the
insurer to make reimbursement in such amounts as the director specifies in
writing. If the director has reason to believe that the cost of closure will be
greater than the face amount of the policy, the director may withhold
reimbursement of such amounts as the director deems prudent until the director
determines, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to
maintain financial assurance for closure of the facility or scrap tire transporter
solid waste landfill.
(7)(6) The owner or
operator shall maintain the policy in full force and effect until the director
consents to termination of the policy by the owner or operator as specified in
paragraph (J)(11)
(J)(10) of this rule. Failure to pay the premium,
without substitution of alternative financial assurance as specified in this
rule, constitutes a violation of these rules, warranting such remedy as the
director deems necessary. Such violation shall be deemed to begin upon receipt
by the director of a notice of future cancellation, termination, or failure to
renew due to nonpayment of the premium, rather than upon the date of
expiration.
(8)(7) Each policy shall
contain a provision allowing assignment of the policy to a successor owner or
operator. Such assignment may be conditional upon consent of the insurer,
provided such consent is not unreasonably refused.
(9)(8) The policy shall
provide that the insurer may not cancel, terminate, or fail to renew the policy
except for failure to pay the premium. At a minimum, the automatic renewal of
the policy shall provide the insured with the option of renewal at the face
amount of the expiring policy. If there is a failure to pay the premium, the
insurer may elect to cancel, terminate, or fail to renew the policy by sending
notice by certified mail or any other form of mail accompanied by a receipt to
the owner or operator and to the director. Cancellation, termination, or
failure to renew may not occur however, during the one
hundred twenty day period beginning on the first day that both the owner or
operator and the director have received the notice of cancellation, as
evidenced by the return receipts and the policy will remain in full force
and effect, if the following occurs on or before the date of expiration:
(c)(b) Closure of the
facility is ordered by the director or a court of competent jurisdiction, or characterization and remediation in accordance with
rule 3745-27-79 of the Administrative Code is ordered by the director or a
court of competent jurisdiction.
(d)(c)
The owner or operator is named as debtor in a voluntary or involuntary
proceeding under title 11 (bankruptcy), U.S. Code.
(e)(d) The premium due is
paid.
(10)(9) Whenever the
current closure cost estimate increases to an amount greater than the face
amount of the policy, the owner or operator shall, not later than sixty days
after the increase, either cause the face amount to be increased to an amount
at least equal to the current closure cost estimate and submit evidence of such
increase to the director, and into the operating record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable, or obtain alternative
financial assurance as specified in this rule to compensate for the increase.
Whenever the current closure cost estimate decreases, the face amount may be
reduced to the amount of the current closure cost estimate following written
approval by the director.
(11)(10) The director may
give written consent to the owner or operator that owner or operator may
terminate the insurance policy when either of the following occurs:
(1) The owner or operator may satisfy the
requirements of this rule by obtaining closure insurance which conforms to this
paragraph and by submitting an originally signed certificate of such insurance
to the director by certified mail or any other form of mail accompanied by a
receipt within the time period outlined in paragraphs (A) and
paragraph (B) of this rule, and
if the facility is a sanitary landfill facility,
by submitting a copy of the certificate of insurance into the
operating record in accordance with rule
3745-27-09 of the Administrative
Code. At a minimum, the insurer shall be licensed to transact the business of
insurance, or eligible to provide insurance as an excess or surplus lines
insurer, in one or more states.
(2)
The wording of the certificate of insurance shall be identical to the wording
specified in paragraph (E) of rule
3745-27-17 of the Administrative
Code on forms prescribed by the director.
(3) The closure insurance policy shall be
issued for a face amount at least equal to the current closure cost estimate
or the scrap tire transporter cost
estimate, except as provided in paragraph (M) of this rule. Face
amount means the total amount the insurer is obligated to pay under the policy.
Actual payments by the insurer will not change the face amount, although the
insurer's future liability will be lowered by the amount of the
payments.
(4) The closure insurance
policy shall guarantee that funds will be available to close the
facility
solid waste
landfill whenever closure is mandated. The policy shall also guarantee
that once closure begins, the insurer will be responsible for paying out funds,
up to an amount equal to the face amount of the policy, upon the direction of
the director, to such party or parties as the director specifies.
(5) The scrap tire transporter
insurance policy shall guarantee that funds will be available to perform the
authorized closure activities whenever such activities are mandated. The policy
shall also guarantee that once such activities begin, the insurer will be
responsible for paying out funds, up to an amount equal to the face amount of
the policy, upon the direction of the director, to such party or parties as the
director specifies.
(a)
For a solid
waste facility, any
Any activities
required by the closure/post-closure care plan, permit
or registration requirements,
and
or
applicable rules have not been completed.
(b) For a scrap tire transporter, a
determination that the owner or operator has failed to perform the closure
activities specified in the registration requirements and applicable
rules.
(a) The owner or operator substitutes
alternative financial assurance for closure of a
facility or a scrap tire transporter
the solid
waste landfill as specified in this rule.
(b) The director notifies the owner or
operator, in accordance with paragraph (O) of this rule that the owner or
operator is no longer required to maintain financial assurance for closure of
a facility or a scrap tire transporter
the solid waste
landfill.
(K) Financial test and corporate guarantee
for closure of a solid waste facility or a scrap
tire transporter.
(1) The owner or
operator may satisfy this rule by demonstrating that the owner or operator
passes a financial test as specified in this paragraph. To pass this test the
owner or operator shall demonstrate that less than fifty per cent of the parent
corporation's gross revenues are derived from solid waste
disposal
landfill, solid waste transfer facility
operations, or scrap tire transporter
operations, or if there is no parent corporation,
the owner or operator shall demonstrate that less than fifty per cent of its
gross revenues are derived from solid waste facility
landfill,
solid waste transfer facility, or scrap tire transporter operations and shall
satisfy either of the following:
(a) The owner
or operator shall have the following:
(i)
Satisfaction of at least two of the following ratios: a ratio of total
liabilities to net worth less than 2.0; a ratio of the sum of net income plus
depreciation, depletion, and amortization minus ten million dollars to total
liabilities greater than 0.1; a ratio of current assets to current liabilities
greater than 1.5.
(ii) Net working
capital and tangible net worth each at least six times the sum of the current
closure and current post-closure care cost estimates, scrap tire transporter
closure cost estimates, any corrective measures cost estimates, and any other
obligations assured by a financial test.
(iii) Tangible net worth of at least ten
million dollars.
(iv) Assets in the
United States amounting to at least ninety per cent of total assets or at least
six times the sum of the current and current post-closure care cost estimates,
scrap tire transporter closure cost estimates, any current corrective measures
cost estimates, and any other assured by a financial test.
(b) The owner or operator shall have the
following:
(i) Issued a corporate bond for
which the owner or operator, as the issuing entity, has not received a current
rating of less than BBB as issued by "Standard and Poor's" or Baa as issued by
"Moody's." Owners or operators using bonds that are secured by collateral or a
guarantee shall meet the minimum rating without that security.
(ii) Tangible net worth at least six times
the sum of the current closure and current post-closure care cost estimates,
scrap tire transporter closure cost estimates, any corrective measures cost
estimates, and any other obligations assured by a financial test.
(iii) Tangible net worth of at least ten
million dollars.
(iv) Assets in the
United States amounting to at least ninety per cent of total assets or at least
six times the sum of the current closure and current post-closure care cost
estimates, scrap tire transporter closure cost estimates, any current
corrective measures cost estimates, and any other obligations assured by a
financial test.
(2) Current closure and current post-closure
care cost estimates, scrap tire transporter closure cost estimates, any current
corrective measures cost estimates, and any other obligations assured by a
financial test as used in paragraph (K)(1) of this rule refers to the cost
estimates required to be shown in the letter from the owner's or operator's
chief financial officer.
(3) To
demonstrate that requirements of this test are met, the owner or operator shall
submit the following items to the director,
and into the operating record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable:
(a) A letter signed by the owner's or
operator's chief financial officer and worded as specified in paragraph (F) of
rule 3745-27-17 of the Administrative
Code on forms prescribed by the director.
(b) A copy of a report by an independent
certified public accountant examining the owner's or the operator's financial
statements for the most recently completed fiscal year.
(c) A special report from the owner's or the
operator's independent certified public accountant, in the form of an
agreed-upon procedures report, to the owner or operator stating the following:
(i) The independent certified public
accountant has compared the data which the letter from the chief financial
officer specifies as having been derived from the independently audited
year-end financial statements for the most recent fiscal year with the amounts
in such financial statements.
(ii)
In connection with the agreed-upon procedures report, the independent certified
public accountant states that the independent certified public accountant
agrees the specified data is accurate.
(4) After the initial submission of the items
specified in paragraph (K)(3) of this rule, the owner or operator shall send
updated information to the director, and
submit updated information into the operating record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable, not later than ninety
days after the close of each succeeding fiscal year. This information shall
include all three items specified in paragraph (K)(3) of this rule.
(5) If the owner or operator no longer meets
paragraph (K)(1) of this rule, notice
the owner or operator shall be sent
send a notice
to the director of the intent to establish alternative financial assurance as
specified in this rule. The notice must
shall be sent by certified mail or any other form of
mail accompanied by a receipt not later than ninety days after the end of the
fiscal year for which the year-end financial data show that the owner or
operator no longer meets the requirements of paragraph
(K)(1) of this rule. A copy of the
notice
The owner or operator shall also
be placed
place a
copy of the notice in the operating record, if
applicable. The owner or operator shall provide alternative financial
assurance not later than one hundred twenty days after the end of such fiscal
year.
(6) The director may, based on
a reasonable belief that the owner or operator no longer meets paragraph (K)(1)
of this rule, require reports of financial condition at any time from the owner
or operator in addition to those specified in paragraph (K)(3) of this rule. If
the director finds, on the basis of such reports or other information, that the
owner or operator no longer meets the requirements of paragraph (K)(1) of this
rule, the owner or operator shall provide alternative financial assurance as
specified in this rule not later than thirty days after notification of such a
finding.
(7) The director may
disallow use of this test on the basis of qualifications in the opinion
expressed by the independent certified public accountant in the report on
examination of the owner's or operator's financial statements. An adverse
opinion or disclaimer of opinion will be cause for disallowance. The director
shall evaluate other qualifications on an individual basis. The owner or
operator shall provide alternative financial assurance as specified in this
rule not later than thirty days after notification of the
disallowance.
(8) The owner or
operator is no longer required to submit the items specified in paragraph
(K)(3) of this rule when either of the following occur:
(a) The owner or operator substitutes
alternative financial assurance for closure of a facility or a scrap tire transporter as specified in this
rule
solid waste landfill.
(b) The director notifies the owner or
operator, in accordance with paragraph (O) of this rule that the owner or
operator is no longer required to maintain financial assurance for closure of a
facility
solid waste
landfill or scrap tire transporter.
(9) The owner or operator may meet this rule
by obtaining a written guarantee, hereafter referred to as a corporate
guarantee. The guarantor shall be the parent corporation of the owner or
operator. The guarantor shall meet the requirements for an owner or operator in
paragraphs (K)(1) to (K)(7) of this rule and shall comply with the terms of the
corporate guarantee. The wording of the corporate guarantee shall be identical
to the wording specified in paragraph (G) of rule
3745-27-17 of the Administrative
Code on forms prescribed by the director. The corporate guarantee shall
accompany the items sent to the director as specified in paragraph (K)(3) of
this rule. The terms of the corporate guarantee shall provide the following:
(a) The owner or operator shall perform
closure of a facility or scrap tire
transporter
solid waste landfill provided
for by the corporate guarantee in accordance with the closure/post-closure care
plan, permit or registration requirements, and applicable rules.
(b) The guarantor shall perform the
activities specified in paragraph (K)(9)(a) of
this rule or shall establish a trust fund in the name of the owner or operator
as specified in paragraph (F) of this rule if the owner or operator fails to
perform those
the activities specified in
paragraph (K)(9)(a) of this rule.
(c) The corporate guarantee shall remain in
force unless the guarantor sends notice of cancellation by certified mail or
any other form of mail accompanied by a receipt to the owner or operator and to
the director. Cancellation may not occur, however, during the one hundred
twenty day period beginning on the first day that both the owner or operator
and the director have received notice of cancellation, as evidenced by the
return receipts.
(d) If the owner or
operator fails to provide alternative financial assurance as specified in this
rule, and
or
fails to obtain the written approval of such alternative financial assurance
from the director not later than ninety days after both the owner or operator
and the director have received notice of cancellation of the corporate
guarantee from the guarantor, the guarantor shall provide such alternative
financial assurance in the name of the owner or
operator.
(L)
Local government financial test for closure.
(1) For the purposes of this rule, "local
government" means a subdivision of the state of Ohio including but not limited
to a municipal corporation, a county, a township, a single or joint county
solid waste management district, or a solid waste management
authority.
(2) A local government
may satisfy the requirements of this rule by demonstrating that the local
government passes a financial test as specified in this paragraph. This test
consists of a financial component, a public notice component, and a
recordkeeping and reporting component. In order to satisfy the financial
component of the test, a local government shall meet the following criteria:
(a) A local government's financial statements
shall be prepared in accordance with generally accepted accounting principles
for local governments available from the financial accounting standards
board.
(b) A local government shall
not have operated at a deficit equal to five per cent or more of total annual
revenue in either of the past two fiscal years.
(c) A local government shall not currently be
in default on any outstanding general obligation bonds.
(d) A local government shall not have any
outstanding general obligation bonds rated lower than BBB as issued by
"Standard and Poor's" or Baa as issued by "Moody's." Local governments using
bonds that are secured by collateral or a guarantee shall meet the minimum
rating without that security.
(3) A local government shall satisfy either
of the following:
(a) A local government shall
demonstrate the following:
(i) A ratio of cash
plus marketable securities to total expenditures greater than or equal to
0.05.
(ii) A ratio of annual debt
service to total expenditures less than or equal to 0.20.
(iii) A ratio of long term debt issued and
outstanding to capital expenditures less than or equal to 2.00.
(iv) A ratio of the current cost estimates
for closure, post-closure care, corrective measures, scrap tire transporter
closure, and any other obligations assured by a financial test, to total
revenue less than or equal to 0.43.
(b) The local government shall demonstrate
the following:
(i) Outstanding general
obligation bonds for which the local government, as the issuing entity, has not
received a current rating of less than BBB as issued by "Standard and Poor's"
or Baa as issued by "Moody's." Local governments using bonds that are secured
by collateral or a guarantee shall meet the minimum rating without that
security.
(ii) A ratio of the
current cost estimates for closure, post-closure care, corrective measures,
scrap tire transporter closure, and any other obligations assured by a
financial test, to total revenue less than or equal to
0.43.
(4) In
order to satisfy the public notice component of the test, a local government
shall in each year that the test is used, identify the current cost estimates
in either its budget or its comprehensive annual financial report. The
facility
solid waste
landfill covered, the categories of expenditures, including closure,
post-closure care, corrective measures, scrap tire transporter closure, the
corresponding cost estimate for each expenditure, and the anticipated year of
the required activity must
shall be recorded. If the financial assurance
obligation is to be included in the budget, it should either be listed as an
approved budgeted line item, if the obligation will arise during the budget
period, or in an appropriate supplementary data section, if the obligation will
not arise during the budget period. If the information is to be included in the
comprehensive annual financial report, it is to be included in the financial
section as a footnote to the annual financial statements.
(5) To demonstrate that the local government
meets the requirements of this test, the following shall be submitted to the
director, and into the operating record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable:
(a) A letter signed by the local government's
chief financial officer and worded as specified in paragraph (H) of rule
3745-27-17 of the Administrative
Code on forms prescribed by the director as
follows
that includes the following:
(i) Lists all current cost estimates covered
by a financial test.
(ii) Certifies
that the local government meets the conditions of paragraph (L)(2) of this
rule.
(iii) Provides evidence and
certifies that the local governments
government meets the conditions of either paragraph
(L)(3)(a) or (L)(3)(b) of this rule.
(b) A copy of the local government's
independently audited year-end financial statements for the latest fiscal year,
including the unqualified opinion of the auditor. The auditor
must
shall be
an independent, certified public accountant or auditor of state.
(c) A special report from the independent
certified public accountant or auditor of state, in the form of an agreed-upon
procedures report, to the local government stating the following:
(i) The independent certified public
accountant or auditor of state has compared the data which the letter from the
chief financial officer specifies as having been derived from the independently
audited year-end financial statements for the most recent fiscal year with the
amounts in such financial statements.
(ii) In connection with the agreed-upon
procedures report, that the independent certified public accountant agrees the
specified data is accurate.
(6) After the initial submission of the items
specified in this rule, a local government shall send updated information to
the director on forms prescribed by the director, and submit updated
information into the operating record in accordance with rule
3745-27-09 of the Administrative
Code, if applicable, not later than one
hundred eighty days after the close of each succeeding fiscal year. This
information shall include all items specified in this rule.
(7) If a local government no longer meets the
requirements of this rule, notice
the local government shall be sent
send a notice
to the director of the intent to establish alternative financial assurance as
specified in this rule. The notice must
shall be sent by certified mail or any other form of
mail accompanied by a receipt not later than one hundred fifty days after the
end of the fiscal year for which the year-end financial data show that the
local government no longer meets the requirements of
this rule. A copy of the notice
The local government shall also
be placed
place a
copy of the notice in the operating record, if
applicable. The local government shall provide alternative financial
assurance not later than one hundred eighty days after the end of such fiscal
year.
(8) The director may, based on
a reasonable belief that the local government no longer meets the requirements
of this rule, require reports of financial condition at any time from the local
government in addition to those specified in this rule. If the director finds,
on the basis of such reports or other information, that the local government no
longer meets the requirements of this rule, the local government shall provide
alternative financial assurance as specified in this rule not later than thirty
days after notification of such a finding.
(9) The director may disallow use of this
test on the basis of qualifications in the opinion expressed by the independent
certified public accountant or auditor of state in the report on examination of
the local government's financial statements. An adverse opinion or disclaimer
of opinion will be cause for disallowance. The director shall evaluate other
qualifications on an individual basis. The local government shall provide
alternative financial assurance as specified in this rule not later than thirty
days after notification of the disallowance.
(10) A local government is no longer required
to submit the items specified in this rule when one of the following occur:
(a) The local government substitutes
alternative financial assurance for closure as specified in this
rule.
(b) The director notifies the
local government, in accordance with paragraph (O) of this rule, that the local
government is no longer required to maintain financial assurance for closure of
a facility or a scrap tire transporter
solid waste landfill.
(M) Use of multiple financial assurance
mechanisms. The owner or operator may satisfy this rule by establishing more
than one financial assurance mechanism for each
facility or by establishing more than one financial assurance mechanism for
scrap tire transporter financial assurance
the
solid waste landfill. These mechanisms are limited to a trust fund,
surety bond guaranteeing payment into a closure trust fund, letter of credit,
insurance, and the local government financial test. The mechanisms shall be as
specified in paragraphs (F), (G), (I), (J), and (L) respectively of this rule,
except that it is the combination of mechanisms, rather than each single
mechanism, which shall provide financial assurance for an amount at least equal
to the current closure cost estimate or scrap tire
transporter closure cost estimate. If an
the owner or
operator uses a trust fund in combination with a surety bond or a letter of
credit, the owner or operator may use the trust fund as the standby trust fund
for the other mechanisms. A single standby trust fund may be established for
two or more mechanisms. The director may invoke use of any or all of the
mechanisms, in accordance with paragraphs (F), (G), (I), (J), and (L) of this
rule, to provide for closure of the facility or
provide for the required closure for a scrap tire transporter
solid waste landfill.
(N) Use of a financial assurance mechanism
for multiple facilities. The owner or operator may use a financial assurance
mechanism specified in this rule to meet this
rule
the financial assurance obligations
for more than one solid waste facility
or scrap tire transporter also owned or operated by the
owner or operator. Evidence of financial assurance submitted to the
director shall include a list showing, for each solid
waste facility or scrap tire transporter,
the name, address, and the amount of funds for closure assured by the financial
assurance mechanism. The amount of funds available through the financial
assurance mechanism shall be no less than the sum of the funds that would be
available if a separate financial assurance mechanism had been established and
maintained for each solid waste facility
or scrap tire transporter.
(O) Release of the owner or operator of a
solid waste facility or scrap tire
transporter
landfill from this rule. The
director shall notify the owner or operator in writing that the owner or
operator is no longer required by this rule to maintain financial assurance for
closure of the particular facility or scrap tire
transporter
solid waste landfill, unless
the director has reason to believe that closure has not been completed in
accordance with Chapter 3745-27 or 3745-30 of the Administrative Code, as
applicable, or the closure/post-closure care plan after receiving
certifications from the owner or operator and an independent professional
skilled in the appropriate disciplines that closure has been completed in
accordance with the final closure/post-closure care plan, permit or
registration requirements, and
or applicable rules.
[Comment: The notice releases the owner or operator only from
the requirements for financial assurance for closure of the
facility
solid waste
landfill; it does not release the owner or operator from legal
responsibility for meeting the post-closure care standards or corrective
measures, if applicable.]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.71, 3734.72, 3734.73, 3734.74
Rule Amplifies: 3734.02, 3734.12, 3734.71, 3734.72, 3734.73, 3734.74
Prior Effective Dates: 03/01/1990, 05/31/1991, 06/01/1992, 06/01/1994, 03/01/1996, 05/15/1997, 09/01/2002, 11/01/2007, 01/01/2017, 05/28/2021
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