Ohio Admin. Code 3745-55-12 - Closure plan and amendment of closure plan
(A) Written closure plan.
(1)
The owner or operator of a hazardous waste management facility
must
shall
have a written closure plan . In addition, certain surface impoundments and
waste piles from which the owner or operator intends to remove or decontaminate
the hazardous waste at partial or final closure are required by paragraph
(C)(1)(a) of rule
3745-56-28 and paragraph
(C)(1)(a) of rule
3745-56-58 of the Administrative
Code to have contingent closure plans. The closure plan must
shall be submitted with the permit application,
in accordance with paragraph (A)(13) of rule
3745-50-44 of the Administrative
Code, and approved by the director as part of the
permit issuance procedures under Chapter 3745-50 of the
Administrative Code . The
In accordance with rules
3745-50-40 and
3745-50-51 of the Administrative
Code, the approved closure plan will become a condition of the Ohio
hazardous waste permit issued .
(2) The director 's approval of the
closure plan must
shall ensure that
the approved closure plan is consistent with rules
3745-55-11 to
3745-55-15 of the Administrative
Code and the applicable requirements of rules
3745-54-90 to 3745-54-101,
3745-55-78, 3745-55-97, 3745-56-28, 3745-56-58, 3745-56-80, 3745-57-10,
3745-57-51, 3745-57-91, and
3745-205-102 of the
Administrative Code. Until final closure is completed and certified in
accordance with rule
3745-55-15 of the Administrative
Code, a copy of the approved closure plan and all
approved revisions must
shall be furnished to the director upon request,
including request by mail.
(B) Content of closure plan. The closure plan
must
shall
identify steps necessary to perform partial and/or
or final
closure of the facility at any point during its
the facility's
active life. The closure plan must
shall include, at least:
(1) A description of how each hazardous waste
management unit at the facility will be closed in accordance with rule
3745-55-11 of the Administrative
Code; and
(2) A description of how
final closure of the facility will be conducted in accordance with rule
3745-55-11 of the Administrative
Code. The description must
shall identify the maximum extent of the
operations which will be unclosed during the active life of the facility;
and
(3) An estimate of the maximum
inventory of hazardous wastes ever on-site over the active life of the facility
and a detailed description of the methods to be used during partial closures
and final closure including, but not limited to, methods for removing,
transporting, treating, storing or disposing of all hazardous wastes, and
identification of the type(s)
types of the off-site hazardous waste management
units to be used, if applicable; and
(4) A detailed description of the steps
needed to remove or decontaminate all hazardous waste residues and contaminated
containment system components, equipment, structures, and soils during partial
and final closure, including but not limited to, procedures for cleaning
equipment and removing contaminated soils, methods for sampling and testing
surrounding soils, and criteria for determining the extent of decontamination
required to satisfy the closure performance standard; and
(5) A detailed description of other
activities necessary during the closure period to ensure that all partial
closures and final closure satisfy the closure performance standards,
including, but not limited to, ground water monitoring, leachate collection,
and run-on and run-off control; and
(6) A schedule for closure of each hazardous
waste management unit and for final closure of the facility. The schedule
must
shall
include, at a minimum, the total time required to close each hazardous waste
management unit and the time required for intervening closure activities which
will allow tracking of the progress of partial and final closure. (for
For example, in the case of a landfill unit,
an estimate
estimates of the time required to treat or dispose of
all hazardous waste inventory and of the time required to place a final cover
must
shall be
included. );
and
(7) For facilities
that use trust funds to establish financial assurance under rule
3745-55-43 or
3745-55-45 of the Administrative
Code and that are expected to close prior to the expiration of the permit, an
estimate of the expected year of final closure.
(8) For facilities where the director has
applied alternative requirements at a regulated unit under paragraph (F) of
rule 3745-54-90, paragraph (C) of rule 3745-55-10, and/or
or paragraph
(D) of rule
3745-55-40 of the Administrative
Code, either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document that
contains those alternative requirements.
(C) Amendment of closure plan. The owner or operator
must
shall
submit a written notification of or request for a permit modification to
authorize a change in operating plans, facility design, or the approved closure
plan in accordance with the applicable procedures in rules 3745-50-40 to 3745-50-235
Chapter 3745-50 of the Administrative Code. The
written notification or request must
shall include a copy of the amended closure plan
for review or approval by the director .
(1)
The owner or operator may submit to the director
a written notification of or request for a permit modification
to the director
to amend the closure plan
at any time prior to the notification of partial or final closure of the
facility.
(2) The owner or operator
must
shall
submit a written notification of or request for a permit modification to
authorize a change in the approved closure plan whenever:
(a) Changes in operating plans or facility
design affect the closure plan ; or
(b) There is a change in the expected year of
closure, if applicable; or
(c) In
conducting partial or final closure activities, unexpected events require a
modification of the approved closure plan ; or
(d) The owner or operator requests the
director to apply alternative requirements to a regulated unit under paragraph
(F) of rule 3745-54-90, paragraph (C) of rule 3745-55-10,
and/or
or
paragraph (D) of rule
3745-55-40 of the Administrative
Code.
(3) The owner or
operator must
shall submit a written request for a permit
modification including a copy of the amended closure plan for approval at least
sixty days prior to the proposed change in facility design or operation, or no
later than sixty days after an unexpected event has occurred which has affected
the closure plan . If an unexpected event occurs during the partial or final
closure period, the owner or operator must
shall submit a written permit modification no
later than thirty days after the unexpected event. An owner or operator of a
surface impoundment or waste pile that
who intends to remove all hazardous waste at
closure and is not otherwise required to prepare a contingent closure plan
under paragraph (C)(1)(a) of rule
3745-56-28 or paragraph
(C)(1)(a) of rule
3745-56-58 of the Administrative
Code, must
shall submit an amended closure plan to the director
no later than sixty days from
after the date that the owner or operator or
director determines that the hazardous waste management unit
must
shall be
closed as a landfill, subject to the requirements of rule
3745-57-10 of the Administrative
Code, or no later than thirty days from
after that date if the determination is made
during partial or final closure. The director will approve, disapprove, or
modify this amended closure plan in accordance
with the procedures in rules 3745-50-40 to
3745-50-235
Chapter 3745-50 of the
Administrative Code. The
In accordance with rules
3745-50-40 and
3745-50-51 of the Administrative
Code, the approved closure plan will become a condition of the Ohio
hazardous waste permit issued .
(4) The director may request modifications to
the closure plan under the conditions described
in paragraph (C)(2) of this rule. The owner or operator
must
shall
submit the modified closure plan within sixty
days of
after
the director 's request, or within thirty days if the change in facility
conditions occurs during partial or final closure. Any modifications requested
by the director will be approved in accordance with procedures in
rule 3745-50-51
Chapter 3745-50 of the Administrative Code.
(D) Notification of partial
closure and final closure.
(1) The owner or
operator must
shall notify the director in writing at least sixty
days prior to the date on which he
the owner or operator expects to begin closure of a
surface impoundment, waste pile, land treatment unit, or landfill unit, or final closure of a facility
with such a unit. The owner or operator must
shall notify the
director in writing at least forty-five days prior to the date on which
he
the owner or
operator expects to begin final closure of a facility with only treatment
or storage tanks, container storage, or incinerator units to be closed. The
owner or operator must
shall notify the director in writing at least
forty-five days prior to the date on which he
the owner or
operator expects to begin partial or final closure of a boiler or
industrial furnace, whichever is earlier.
(2) The date when he
the owner or
operator "expects to begin closure" must
shall be either:
(a) No later than thirty days after the date
on which any hazardous waste management unit receives the known final volume of
hazardous wastes, or, if there is a reasonable
possibility that the hazardous waste management unit will receive additional
hazardous wastes, no later than one year after the date on which the unit
received the most recent volume of hazardous waste
wastes . If the
owner or operator of a hazardous waste management unit can demonstrate to the
director that the hazardous waste management unit or facility has the capacity
to receive additional hazardous wastes and he
the owner or
operator has taken all steps to prevent threats to human health and the
environment, including compliance with all applicable hazardous waste permit requirements
in the hazardous waste rules, the director
may approve an extension to this one-year limit; or
(b) For units meeting the requirements of
paragraph (D) of rule
3745-55-13 of the Administrative
Code, no later than thirty days after the date on which the hazardous waste
management unit receives the known final volume of nonhazardous
waste
wastes ,
or if there is a reasonable possibility that the hazardous waste management
unit will receive additional nonhazardous waste
wastes , no
later than one year after the date on which the unit received the most recent
volume of nonhazardous waste
wastes . If the owner or operator can demonstrate
to the director that the hazardous waste management unit has the capacity to
receive additional nonhazardous waste
wastes and he
the owner or operator has taken, and will
continue to take, all steps to prevent threats to human health and the
environment, including compliance with all applicable hazardous waste permit requirements
in the hazardous waste rules, the director
may approve an extension to this one-year limit.
(3) If the facility's permit is terminated,
or if the facility is otherwise ordered, by issuance of a judicial decree or
the issuance by the director of an order for compliance to cease receiving
hazardous wastes or to close, then the requirements of
paragraphs
paragraph (D) to
(D)(3) of this rule do not apply. However, the owner or operator
must
shall
close the facility in accordance with the deadlines established in rule
3745-55-13 of the Administrative
Code.
(E) Removal of
wastes and decontamination or dismantling of equipment. Nothing in this rule
shall preclude the owner or operator from removing hazardous wastes and
decontaminating or dismantling equipment in accordance with the approved
partial or final closure plan at any time before or after notification of
partial or final closure.
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 01/07/1983, 05/29/1985 (Emer.), 08/29/1985, 12/28/1987, 12/30/1989, 02/11/1992, 10/20/1998, 12/07/2000, 03/13/2002, 12/07/2004, 02/16/2009
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