Ohio Admin. Code 3745-55-44 - Cost estimate for post-closure care
(A) The owner or operator of a disposal
surface impoundment, disposal miscellaneous unit, land treatment unit, or
landfill unit, or of a surface impoundment or waste pile that is required under
rules 3745-56-28 and
3745-56-58 of the Administrative
Code to prepare a contingent closure and post-closure plan , shall have a
detailed written estimate, in current dollars, of the annual cost of
post-closure monitoring and maintenance of the facility in accordance with the
applicable postclosure requirements in rules
3745-55-17 to 3745-55-20,
3745-56-28, 3745-56-58, 3745-56-80, 3745-57-10, and
3745-57-93 of the Administrative
Code.
(1) The post-closure cost estimate
shall be based on the costs to the owner or operator of hiring a third party to
conduct post-closure care activities. A "third party" is a party who is neither
a parent nor a subsidiary of the owner or operator (see definition of "parent
corporation " in rule
3745-55-41 of the Administrative
Code).
(2) The post-closure cost
estimate is calculated by multiplying the annual post-closure cost estimate by
the number of years of post-closure care required in rule
3745-55-17 of the Administrative
Code.
(B) During the
active life of the facility, the owner or operator shall adjust the
post-closure cost estimate for inflation within sixty days prior to the
anniversary date of the establishment of the financial instruments used to
comply with rule
3745-55-45 of the Administrative
Code. For owners or operators using the financial test or corporate guarantee,
the post-closure cost estimate shall be updated for inflation within thirty
days after the close of the firm's fiscal year and before the submittal of
updated information to the director as specified in paragraph
(F)
(F)(5) of
rule 3745-55-45 of the Administrative
Code. The adjustment may be made by recalculating the postclosure cost estimate
in current dollars or by using an inflation factor derived as specified in
40 CFR
264.144(b).
(1) The first adjustment is made by
multiplying the post-closure cost estimate by the inflation factor. The result
is the adjusted post-closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted post-closure cost estimate by the latest
inflation factor.
(C)
During the active life of the facility, the owner or operator shall revise the
post-closure cost estimate within thirty days after the director has approved
the request to modify the post-closure plan if the change in the post-closure
plan increases the cost of postclosure care. The revised post-closure cost
estimate shall be adjusted for inflation as specified in paragraph (B) of this
rule.
(D)
The
During the
operating life of the facility, the owner or operator shall keep
the following at the facility
during the operating life of the facility:
the latest post-closure cost estimate prepared in accordance with paragraphs
(A) and (C) of this rule and, when this estimate has been adjusted in
accordance with paragraph (B) of this rule, the latest adjusted post-closure
cost estimate.
(E) A copy of the
facility's current, detailed post-closure cost estimate prepared and maintained
in accordance with paragraphs (A) and (B) of this rule shall be submitted
annually to the director .
(1) For owners or
operators using a financial mechanism other than the financial test, such
submittal of the post-closure cost estimate to the director shall be made
within sixty days following
after a
revision or update to the estimate made in accordance with paragraph (B) of
this rule.
(2) For owners or
operators using a financial test, such submittal of the post-closure cost
estimate to the director shall be made within ninety days after the close of
the firm's fiscal year following
after a revision or update to the estimate made in
accordance with paragraph (B) of this rule.
[Comment 1: As used in this rule, "detailed post-closure cost estimate" means a listing of the specific costs associated with each major phase of facility post-closure activity for each hazardous waste management unit including but not limited to ground water monitoring, maintenance of final cap and cover, erosion and wind dispersal control, and leachate collection and disposal activities.]
[Comment 2: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 08/26/1983 (Emer.), 11/29/1983, 12/28/1987, 12/30/1989, 02/14/1995, 11/11/1999, 03/13/2002, 03/17/2012, 03/24/2017
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