Ohio Admin. Code 3745-400-57 - Three year transition for final closure financial assurance for construction and demolition debris processing facilities
(A)
Notwithstanding paragraph (B)(1) of rule
3745-400-56 of the
Administrative Code, the owner or operator of a processing facility for the
license year 2023 may use a three year transition period for funding financial
assurance by submitting a written notice each year of the transition period
that complies with the following:
(1)
The initial written notice is submitted to the
licensing authority and the director concurrently with the initial license
application and, for a processing facility that was in operation on the
effective date of this rule, the initial license application and notice are
submitted within the time frame set forth in rule
3745-400-50 of the
Administrative Code.
(2)
The written notices for the second and third years of
the transition period are submitted to the licensing authority and the director
concurrently with a timely processing facility license
application.
(3)
The notice includes a statement affirming the intention
to use the three year transition period and is signed and certified by the
owner or operator in accordance with rule
3745-500-50 of the
Administrative Code.
(4)
The notice includes the calculations and the final
closure transition amount applicable to the year of the transition period for
which the license is sought.
(B)
For the purposes
of this rule, "final closure transition amount" means the amount calculated by
multiplying the final closure cost estimate by the appropriate transition year
percentage as follows:
(1)
Forty per cent for license year 2023.
(2)
Seventy per cent
for license year 2024.
(3)
One hundred per cent for license year
2025.
(C)
The owner or operator shall annually fund final closure
financial assurance for each year of the three year transition period as
follows:
(1)
In
an amount not less than the final closure transition amount prior to issuance
of the license for which the final closure transition amount
applies.
(2)
Using a financial assurance mechanism specified in
paragraphs (B) to (E) of rule
3745-400-13 of the
Administrative Code.
(3)
If the owner or operator receives a modification to the
approved permit to install authorizing an increase in the horizontal limits of
construction and demolition debris processing or an increase in the maximum
volume in cubic yards of mixed construction and demolition debris the
processing facility may accumulate at any time during the transition period,
such that one hundred per cent of the portion of the final closure cost
estimate necessary to close the increased acreage or volume, respectively, is
funded not later than thirty days after the date of issuance.
(D)
If the
owner or operator fails to maintain financial assurance for the processing
facility in an amount not less than the final closure transition amount or
fails to timely provide notice as specified in paragraph (A) of this rule, the
owner or operator shall fully fund the final closure cost estimate in
accordance with paragraph (B) of rule
3745-400-56 of the
Administrative Code prior to issuance of a subsequent license.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.022
Rule Amplifies: 3714.022, 3714.051, 3714.06, 3714.09
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