Ohio Admin. Code 3745-560-05 - Composting - closure cost estimate
(A) Closure cost estimate. The owner or
operator of a class I or class II composting facility shall determine the
closure cost estimate as follows:
(1) Class I
composting facility. The closure cost estimate shall be based on the closure
costs at the point in the operating life of the facility when the extent and
manner of its
the operation would make the closure the most
expensive, and shall be based on a third party conducting the closure
activities. The closure cost estimate shall be documented as an itemized
written estimate, in current dollars, of the cost of closure. Ohio EPA may
require revisions to the closure cost estimate or to the closure financial
assurance instrument.
(2) Class II
composting facility. The closure cost estimate shall be calculated as follows:
(a) For facilities accepting solid wastes
authorized in accordance with paragraph (B) of rule
3745-560-210
of the Administrative Code, two dollars and fifty cents per cubic yard, based
on the maximum
operational capacity of the materials placement area,
excluding the storage capacity of compost product, as specified in the
authorizing document.
(b) For
facilities accepting alternative materials not
authorized in accordance with paragraph (B) of rule
3745-560-210
of the Administrative Code, eight dollars per cubic yard or the local
disposal rate, whichever is higher, for the maximum
amount of alternative materials authorized pursuant to rule
3745-560-205
of the Administrative Code that will be managed based on the
maximum
operational capacity of the materials placement area,
excluding the storage capacity of compost product, as specified in the
authorizing document or that portion of the
materials placement area designated for receiving and composting alternative
materials specified in the log of operations.
(c)
Class II
composting facilities may request approval from the director of an alternative
closure cost estimate that is lower than the estimate calculated in accordance
with paragraph (A)(2)(a) or (A)(2)(b) of this rule by submitting an application
that demonstrates one of the following:
(i)
For alternative
materials, that the cost of disposal is equivalent to the cost of disposal for
materials authorized in paragraph (B) of rule
3745-560-210
of the Administrative Code, and that the closure cost estimate for the material
can be calculated at two dollars and fifty cents per cubic
yard.
(ii)
The owner or operator has obtained authorization to
land apply any material that is not a compost product on property owned by the
owner or operator in compliance with Chapters 3734. and 6111. of the Revised
Code.
Ohio EPA may require revisions to
the closure cost estimate or to the closure financial assurance
instrument.
(B) Annual review of closure cost estimate.
The owner or operator of a class I or class II composting facility shall
annually review and make appropriate revisions to the closure cost estimate in
accordance with paragraph (A) of this rule,
. The review of the
closure cost estimate for a class I composting facility shall include an
adjustment of the closure cost estimate for inflation. The adjustment shall be
made as specified in this paragraph, using an inflation factor derived from the
annual implicit price deflator for gross domestic product as published by the
U.S. department of commerce in the February issue of "Survey of Current
Business" as described in rule
3745-500-03
of the Administrative Code. The inflation factor is the result of dividing the
latest published annual deflator by the annual deflator for the previous
year.
and as follows:
(1)
For class I
composting facilities, an adjustment for inflation shall be made. The
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
inflation factor is the result of dividing the latest published annual deflator
by the annual deflator for the previous year.
(1)
(a) The first
adjustment is made by multiplying the closure cost estimate by the inflation
factor. The result is the adjusted closure cost estimate.
(2)
(b)
Subsequent adjustments are made by multiplying the most recently adjusted
closure cost estimate by the most recent inflation factor.
(2)
For class II
composting facilities, annually review and make appropriate revisions to the
closure cost estimate to determine if the estimate accurately represents the
cost to close the facility. The review shall take into consideration changes to
the operational capacity, facility design and operations, changes to the
materials placement area, changes to the amount of feedstocks, bulking agents,
additives, and compost mixtures on site, and any other changes that would
increase the cost of closure.
(C) Review of closure cost estimates
associated with modifications or amendments to registrations.
(1) Upon issuance of a permit to install for
a modification of an existing class I composting facility, the owner or
operator shall review and make appropriate revisions to the closure cost
estimate in accordance with paragraph (A) of this rule.
(2) Upon submittal of amendments to the
registration of an existing class II composting facility, the owner or operator
shall review and make appropriate revisions to the closure cost estimate in
accordance with paragraph (A) of this rule.
(D) The owner or operator of a class I or
class II composting facility shall ensure financial assurance instruments
account for increases in the closure cost estimate, and
shall ensure that sufficient financial assurance is available for closure
activities at all times during the operating life of the composting
facility .
(E)
Ohio EPA may require revisions to the closure cost
estimate or to the closure financial assurance instrument if the director
determines that the operational capacity has increased or that the cost of
closure exceeds the closure cost estimate.
(F)
If the closure
cost estimate is five thousand five hundred dollars or less, no financial
assurance is required.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.12, 3734.02
Rule Amplifies: 3734.12, 3734.02
Prior Effective Dates: 04/02/2012
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