Ohio Admin. Code 3745-400-56 - Financial assurance for final closure of processing facilities
(A)
Final closure cost estimate. The owner or operator of a
processing facility shall prepare a written final closure cost estimate
calculated in current dollars that is not less than the sum of the following,
adjusted as provided in paragraphs (C) and (D) of this rule:
(1)
A fixed amount
calculated as follows:
(a)
For a processing facility with a horizontal limits of
construction and demolition debris processing of two thousand five hundred
square feet or less, one thousand dollars.
(b)
For a processing
facility with a horizontal limits of construction and demolition debris
processing of greater than two thousand five hundred square feet but less than
4.9 acres, ten thousand dollars.
(c)
For a processing
facility with a horizontal limits of construction and demolition debris
processing of 4.9 acres but less than 10.0 acres, twenty-five thousand
dollars.
(d)
For a processing facility with a horizontal limits of
construction and demolition debris processing of 10.0 acres or greater, fifty
thousand dollars.
(e)
For a processing facility that meets all of the
criteria in paragraphs (A)(2) (b)(i) to (A)(2)(b)(vi) of this rule, zero
dollars.
(2)
A fixed per cubic yard amount calculated by multiplying
the maximum volume of mixed construction and demolition debris authorized to
accumulate on-site at the processing facility in accordance with paragraph
(E)(2) of rule 3745-400-52 of the Administrative Code by one of the
following:
(a)
Thirty-five dollars.
(b)
Eight dollars and
twenty-five cents if all of the following apply:
(i)
The processing
facility is located immediately adjacent to a licensed construction and
demolition debris facility.
(ii)
The owner or
operator of the processing facility has applied for a registration in
accordance with Section 4 of Amended Senate Bill 2 of the 132nd General
Assembly.
(iii)
The processing facility was in operation on the
effective date of this rule.
(iv)
All mixed
C&DD at the processing facility will be located within five hundred feet of
the facility boundary of the adjacent licensed construction and demolition
debris facility.
(v)
The processing facility and adjacent licensed
construction and demolition debris facility have the same
operator.
(vi)
The owner or operator of the adjacent licensed
construction and demolition debris facility has designated in the facility
license sufficient constructed and certified airspace for the maximum volume of
mixed C&DD authorized to accumulate on-site at the processing
facility.
(B)
Establishment of
financial assurance.
(1)
The owner or operator of a processing facility shall
establish and maintain financial assurance in an amount not less than the final
closure cost estimate calculated in accordance with paragraph (A) of this rule
prior to issuance of the initial license for the processing facility using a
financial assurance mechanism specified in paragraphs (B) to (E) of rule
3745-400-13
of the Administrative Code.
(2)
The owner or
operator of a processing facility may satisfy the requirement of paragraph
(B)(1) of this rule by establishing one or more of the financial assurance
mechanisms specified in paragraph (B), (C), or (E) of rule
3745-400-13
of the Administrative Code, except that it is the combination of mechanisms,
rather than each single mechanism, which shall provide financial assurance for
an amount not less than the most recently adjusted final closure cost estimate,
adjusted in accordance with paragraph (D) of this rule. If an owner or operator
of a processing facility uses a trust fund in combination with a surety bond or
a letter of credit, the trust fund may be used as the standby trust fund for
the other mechanisms. A single standby trust fund may be established for two or
more mechanisms. The director or approved board of health, as applicable, may
invoke use of any or all of the mechanisms, in accordance with paragraphs (B),
(C), and (E) of rule
3745-400-13
of the Administrative Code, to provide for final closure of the processing
facility.
(3)
The owner or operator of a processing facility may use
a financial assurance mechanism for multiple processing facilities or a
combination of facilities and processing facilities if the amount of funds
available through the financial assurance mechanism is not less than the
combined final closure cost estimates for each facility and processing
facility. The owner or operator of the processing facility using one financial
assurance mechanism for multiple processing facilities or a combination of
facilities and processing facilities shall submit documentation to the director
that includes the following for each facility or processing facility:
(a)
The name of each
facility or processing facility.
(b)
The address of
each facility or processing facility.
(c)
The secondary
identification number of each facility or processing facility.
(d)
The amount of
funds for final closure assured by the financial assurance
mechanism.
(4)
Paragraphs (B)(1) to (B)(3) of this rule are not
applicable to the owner or operator of a processing facility with a final
closure cost estimate equal to five thousand five hundred dollars or
less.
(C)
Inflation adjustment. An adjustment shall be made as
specified in this paragraph 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 owner or operator of a
processing facility shall adjust the fixed per cubic yard amount of the final
closure cost estimate calculated in accordance with paragraph (A)(2) of this
rule for inflation as follows:
(1)
The first adjustment is made by multiplying the fixed
per cubic yard amount of the final closure cost estimate calculated in
accordance with paragraph (A)(2) of this rule by the inflation factor. The
result is the adjusted fixed per cubic yard amount of the final closure cost
estimate.
(2)
Subsequent adjustments are made annually by multiplying
the most recently adjusted fixed per cubic yard amount of the final closure
cost estimate by the most recent inflation factor.
(D)
Review of final
closure cost estimate. The owner or operator of a processing facility shall
review and adjust the most recently adjusted final closure financial assurance
at a minimum as follows:
(1)
Within thirty days of issuance of a permit to install
for a modification to an existing processing facility.
(2)
Annually in
conjunction with the processing facility license renewal. The financial
assurance provided in a current unexpired license may be utilized to fulfill
the financial assurance requirements of an application for a license renewal if
the dollar amount of the financial assurance is equal to or greater than the
final closure cost estimate in the license application calculated and adjusted
in accordance with paragraphs (A), (C), and (D) of this rule.
(E)
The
permitting authority shall notify the owner or operator of the processing
facility of deficiencies with the final closure cost estimate and final closure
financial assurance not later than thirty days after receipt of an application
for a modification to the processing facility. The notification shall identify
any adjustment in the final closure financial assurance amount being considered
by the permitting authority. The permitting authority may adjust the amount of
financial assurance in conjunction with the issuance of the permit provided the
permitting authority identifies the deficiencies in the final closure cost
estimate.
(F)
The licensing authority shall notify the owner or
operator of the processing facility of deficiencies with the closure cost
estimate or closure financial assurance not later than thirty days after
receipt of the license application. The notification shall identify any
adjustment in the closure financial assurance amount being considered by the
licensing authority. The director or approved board of health may adjust the
amount of financial assurance in conjunction with the issuance of the annual
license provided the director or approved board of health identifies the
deficiencies in the final closure cost estimate.
(G)
The owner or
operator of a processing facility, or any other person authorized to perform
final closure on behalf of the owner or operator of the processing facility,
may request and receive authorization for reimbursement of all remaining funds
or release from the financial assurance requirements of this rule only after
the processing facility final closure is deemed complete in accordance with
paragraph (C) of rule 3745-400-60 of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.022
Rule Amplifies: 3714.022, 3714.051, 3714.06, 3714.09
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