Ohio Admin. Code 3745-400-12 - Final closure
(A)
An
The owner or
operator shall complete closure of a construction
and demolition debris facility in a manner that reasonably
accomplishes the following:
(1) Minimizes the
need for maintenance at the
facility.
(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 of a facility is
mandatory when one or more of the following apply:
(5)(4)
A facility
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.
(6)(5)
A facility
The
issued license has expired and another license has been applied for and
denied as a final action of the licensing authority.
(7)(6)
A facility
The
issued license has been revoked as a final action of the licensing
authority.
(1) The owner or operator declares in writing
to the licensing authority that debris will no longer be accepted
for disposal at the facility.
(2)
A
The issued license issued
to a facility has expired and a renewal license has not been applied
for in the manner prescribed in Chapter 3745-37
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 of a
facility in operation on September 30, 1996 failed to apply for a license prior
to April 1, 1997.
(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 at a facility 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.
Upon
If
mandatory closure as described
is triggered in accordance
with paragraph (B) of this rule, the owner or operator shall cease
acceptance of debris for disposal and
shall perform final closure activities
outlined in paragraph
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)
Final
Facility final
closure activities. The owner or operator shall complete the final closure
activities for licensed facilities as
follows:
(1)
The
owner or operator shall comply
Comply
with paragraphs (I), (K), and (M) to (S) of rule
3745-400-11
of the Administrative Code during final closure, as
applicable .
(2)
The owner or operator shall comply
Comply with the compliance 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, the owner or operator
shall permanently cease leachate recirculation if leachate is being
recirculated.
(4) Not later than
seven days after ceasing to accept debris for disposal,
the owner or operator shall 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,
the owner or operator shall 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, the owner or operator
shall 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, the owner or operator
shall 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 required by
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,
the owner or operator shall complete
construction of a cap system consistent with the details of the approved final
cap design plan and as required by
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. Seeding
The owner or operator shall complete seeding to
establish vegetative cover shall be
completed prior to submittal of the final closure certification
report.
(b) If the owner or
operator of a construction and demolition
debris 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 required by paragraphs (D) and (E) of rule
3745-400-07
of the Administrative Code. In order to postpone construction under this
rule,
if all of the following
must be the case
occur :
(i) The owner
or operator maintains and will continue to maintain
compliance with all applicable financial assurance
requirements.
(ii) The owner or
operator is in compliance with and will continue to
comply with all other applicable final closure requirements
set forth
specified in this rule.
(iii) The construction and demolition debris 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 construction and demolition debris facility to
cease acceptance of waste
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.
Not later than ten days after the
commission grants a de novo hearing the owner or operator shall provide written
notice to the licensing authority and the director stating that the
construction of the cap system will be postponed in accordance with this rule.
The written notice must be accompanied by an affidavit certifying that all of
the conditions required for postponement are satisfied.
Postponement under this rule shall
automatically terminate upon the failure of the owner or operator to comply
with any part of this rule; or the dismissal of the appeal by the commission;
or the issuance of an order by the commission affirming the denial or
revocation. The owner or operator shall complete construction of a cap system
as required by rule
3745-400-07
of the Administrative Code not later than one hundred eighty days after the
termination of the postponement.
(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)
The owner or
operator shall file
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)
The owner or operator shall record
Record a notation on the deed to the facility property
or on another instrument which
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,
the owner or operator shall 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
shall
at a
minimum be adjusted for inflation. At a
minimum, the cost estimates shall be increased 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)
The owner or
operator shall retain
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)
The owner or operator shall maintain
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.]
The licensing authority
shall make a determination on concurrence not later than ninety days after
receipt of the final closure certification report.
(I) Cap requirements for facilities
for which an initial license application was not submitted. The owner or
operator shall construct a cap system meeting the requirements of paragraph (E)
of rule
3745-400-07
of the Administrative Code.
(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.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.02
Rule Amplifies: 3714.02, 3714.05, 3714.052
Prior Effective Dates: 09/30/1996, 08/31/2002, 03/23/2006, 08/01/2012, 04/17/2015
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