Ohio Admin. Code 3745-400-16 - Post-closure care of a construction and demolition debris facility
(A) Unless the
owner or operator of the construction and demolition debris facility has
complied with paragraph (B)(1) of this rule, an owner or operator of a facility
that has accepted construction and demolition debris in calendar year 2006 or
later shall conduct post-closure care activities at the construction and
demolition debris facility upon the licensing authority's written concurrence
with the final closure certification report for the facility.
(B) Post-closure care activities shall be
conducted for five years unless the one of the following applies:
(1) With respect to a facility that
permanently ceased acceptance of construction and demolition debris in calendar
year 2006, the post-closure care and post-closure care financial assurance
requirements do not apply, provided that the owner or operator of the facility
gave written notice of the date of the cessation to the
applicable board of health or the director
or health commissioner of the licensing
authority , the owner or operator of the facility did not submit a
subsequent application for a license renewal for the facility after that
cessation, and no order was issued by the applicable
board of health, the director, health
commissioner of the licensing authority, or a court of competent
jurisdiction governing the post-closure care of and post-closure financial
assurance for that facility prior to the date specified in the written
notice.
(2) With respect to a
facility that permanently ceased acceptance of construction and demolition
debris in calendar year 2007, the required period of time for post-closure care
and post-closure care financial assurance shall be one year after the final
closure of the facility, provided that the owner or operator of the facility
gave written notice of the date of the cessation to the
applicable board of health or the director
or health commissioner of the licensing
authority , the owner or operator did not submit a subsequent application
for a license renewal for the facility after that cessation, and no order was
issued by the applicable board of health,
the director, the health commissioner of the
licensing authority, or a court of competent jurisdiction governing the
post-closure care of and post-closure care financial assurance for that
facility prior to the date specified in the written notice.
(C) The post-closure care period
may be extended in accordance with rule
3745-400-17
of the Administrative Code except for facilities where either paragraph (B)(1)
or (B)(2) of this rule applies.
(D)
An owner or operator shall complete post-closure care 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.
(E) Post-closure care
activities. The owner or operator shall conduct post-closure care activities as
follows:
(1) Complying with any orders and
authorizing documents issued in accordance with Chapter 3714. of the Revised
Code.
(2) Complying with applicable
provisions of the following:
(a) Paragraph (E)
of rule
3745-400-11
of the Administrative Code regarding maintaining the integrity of the
engineered components of the facility and repairing any damage to or failure of
the components.
(b) Paragraph (M)
of rule
3745-400-11
of the Administrative Code regarding fire control.
(c) Paragraph (O) of rule
3745-400-11
of the Administrative Code regarding leachate outbreaks.
(d) Paragraph (P) of rule
3745-400-11
of the Administrative Code regarding leachate system management.
(e) Paragraph (Q) of rule
3745-400-11
of the Administrative Code regarding surface and ground water
management.
(f) Paragraph (R) of
rule
3745-400-11
of the Administrative Code regarding ground water monitoring and leachate
sampling and analysis.
(g)
Paragraph (S) of rule
3745-400-11
of the Administrative Code regarding financial assurance for post-closure
care.
(3) Complying with
the compliance disclosure requirements in section
3714.052 of the Revised Code
when employing a new key employee.
(4) Establishing and maintaining complete and
dense vegetative cover as specified in paragraph (G)(2)(a)(iii) or
(G)(2)(b)(ii) of rule
3745-400-07
of the Administrative Code in areas where seeding to establish vegetative cover
is required during facility final closure in accordance with rule
3745-400-12
of the Administrative Code. Areas where a standard cap system is required in
accordance with paragraph (G)(2)(a) of rule
3745-400-07
of the Administrative Code shall be mowed at least once per year.
(5) Maintaining and complying with all
applicable permits and authorizations required by Chapters 3704. and 6111. of
the Revised Code.
(6) Limiting
access to the facility and maintaining access roads as follows:
(a) Limiting access to authorized personnel
only and excluding live domestic and live farm animals from the facility except
those used for security or vector control.
(b) Maintaining the signs stating that the
facility is closed required by rule
3745-400-12
of the Administrative Code such that the signs remain legible.
(c) Maintaining the gates, fencing, or other
sturdy obstacles blocking each entrance to the construction and demolition
debris facility required by rule
3745-400-12
of the Administrative Code.
(d)
Maintaining access roads to allow for the inspection, maintenance, and repair
of engineered components, ground water sampling, and other activities required
under this rule.
(7)
Annually submitting not later than each anniversary of commencing post-closure
care updated post-closure care financial assurance documentation prepared in
accordance with rule
3745-400-18
of the Administrative Code.
(8)
Submitting a post-closure care evaluation report not later than the third
anniversary of commencing the post-closure care period. The post-closure care
evaluation report shall contain the following:
(a) An assessment of the integrity and long
term stability of the cap system. The assessment shall consider observations,
inspections, maintenance, repairs, and other information relating to the cap
system since the commencement of post-closure care. The assessment shall
identify needed maintenance and repair at the time of the evaluation
report.
(b) A summary of changes to
leachate quality and quantity since the commencement of post-closure
care.
(c) The rate of leachate
generation and quantity of leachate generated at the facility since the
commencement of post-closure care, with an explanation of how these figures
were derived.
(d) An assessment of
hydrogen sulfide gas generation and emissions by the facility. The assessment
shall consider observations, inspections, maintenance, repairs, and other
information relating to hydrogen sulfide gas generation and emissions since the
commencement of post-closure care. The assessment shall identify needed
hydrogen sulfide gas emission controls at the time of the evaluation
report.
(9) Retaining
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 health department during normal business
hours.
(10) Maintaining all records
and reports generated during final closure and the post-closure care period at
a location acceptable to the licensing authority where the records and reports
are available for inspection by Ohio EPA or the approved health department
during normal business hours.
[Comment: The obligation under this rule to maintain the documents required under paragraphs (E)(9) and (E)(10) of this rule ends upon completion of the post-closure care period.]
(F) The owner or operator shall submit to
Ohio EPA and the approved board of
director
or health commissioner of the licensing
authority a post-closure care certification report during the last thirty
days of the post-closure care period. The post-closure care certification
report shall conform with the following:
(1)
The post-closure care certification report shall be signed by a professional
skilled in the appropriate discipline and shall certify that the owner or
operator has completed post-closure care in accordance with this
chapter.
(2) The post-closure care
certification report shall contain at a minimum the documentation relied upon
in the preparation of the post-closure care certification report.
(3) If applicable, the post-closure care
certification report shall include information on the status of ground water
monitoring wells. The status shall include the identification of intended use
or anticipated time frame for well abandonment.
[Comment: Decommissioning of the ground water monitoring system and proper abandonment of ground water monitoring wells is required by Chapter 3745-09 of the Administrative Code.]
(4) If applicable, the post-closure care
certification report shall include information on the status of any other
environmental monitoring being conducted at the facility and any required
environmental control systems. The status shall include the identification of
the anticipated timeframe for cessation of monitoring or abandonment of any
environmental control systems that were required during post-closure
care.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.02
Rule Amplifies: 3714.02, 3714.052, 3714.05
Prior Effective Dates: 08/01/2012
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