Ohio Admin. Code 3745-400-60 - Final closure of a processing facility
(A)
The owner or
operator of a processing facility shall conduct final closure when any of the
following occur:
(1)
The owner or operator of a processing facility declares
to the licensing authority in writing that the processing facility will cease
accepting construction and demolition debris.
(2)
The permit to
install issued for the processing facility expires, and no further permit to
install was applied for in the manner prescribed in rule
3745-400-50 of the
Administrative Code.
(3)
The license issued for the processing facility expires,
and no further license was applied for in the manner prescribed in Chapter
3745-501 of the Administrative Code.
(4)
Either the permit
to install or the license issued for the processing facility expires, and
another permit to install or license was applied for and denied as a final
action.
(5)
Either the permit to install or license issued for the
processing facility is revoked as a final action.
(6)
The owner or
operator of a processing facility is obligated to conduct final closure by
order of the director, approved board of health, Ohio environmental review
appeals commission, or a court of competent jurisdiction.
(7)
For a processing
facility in operation prior to the effective date of this rule, a permit to
install was not applied for in the timeframe specified in rule
3745-400-50 of the
Administrative Code.
(B)
The owner or
operator of a processing facility shall complete final closure of the
processing facility as follows:
(1)
If final closure is triggered in accordance with
paragraphs (A)(1) to (A)(3) of this rule, provide notice by certified mail or
any other form of mail accompanied by a receipt of the anticipated date on
which the processing facility will cease to accept construction and demolition
debris to the approved board of health having jurisdiction and to the director.
The notice shall be provided not later than ninety days prior to the
anticipated date on which the processing facility will cease to accept
construction and demolition debris.
(2)
Not later than
seven days after construction and demolition debris acceptance has ceased, post
signs in such a manner as to be easily visible at all access points leading
into the processing facility stating that the processing facility is closed for
all construction and demolition debris acceptance. These signs shall be
maintained in legible condition for not less than one hundred eighty days after
final closure of the processing facility has been deemed complete in accordance
with paragraph (C) of this rule.
(3)
Not later than
ninety days after the date final closure is triggered, clean all debris
handling equipment, working surfaces, and areas within the processing facility
boundary including but not limited to the following:
(a)
Removing all
construction and demolition debris and prohibited materials from the processing
facility and lawfully managing the construction and demolition debris and
prohibited materials.
(b)
Washing, or 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.
(4)
Not later than
thirty days after all construction and demolition debris has been removed from
the processing facility, dismantle surface water drainage and sediment control
structures associated with the processing facility.
(C)
Not later than
ten days after completing final closure of a processing facility, the owner or
operator of a processing facility shall 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 the requirements in paragraphs (B)(1) to
(B)(4) of this rule have been satisfied. Final closure of the processing
facility shall be deemed complete upon the licensing authority's written
concurrence with the closure certification report.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.022
Rule Amplifies: 3714.022, 3714.051, 3714.06, 3714.09
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