Ohio Admin. Code 3745-66-44 - Cost estimate for post-closure care
(A) The owner or operator of a hazardous
waste disposal unit 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 post-closure provisions in rules
3745-66-17 to 3745-66-21,
3745-67-28, 3745-67-58, 3745-67-80, and
3745-68-10 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 the definition of
"parent corporation" in rule
3745-66-41 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 under rule
3745-66-17 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
3745-66-45 of the Administrative
Code. For owners or operators using the financial test or corporate guarantee,
the post-closure care cost estimate shall be updated for inflation no later
than thirty days after the close of the firm's fiscal year and before submittal
of updated information to the director as specified in paragraph (D)(5) of rule
3745-66-45 of the Administrative
Code. The adjustment may be made by recalculating the post-closure cost
estimate in current dollars or by using an inflation factor derived as
specified in
40 CFR
265.144(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 no later than thirty days after a revision to the
post-closure plan which increases the cost of post-closure care. If the owner
or operator has an approved postclosure plan, the post-closure cost estimate
shall be revised no later than thirty days after the director has approved the
request to modify the plan, if the change in the post-closure plan increases
the cost of post-closure care. The revised post-closure cost estimate shall be
adjusted for inflation as specified in paragraph (B) of this rule.
(D) 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 the 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: 04/15/1981, 11/29/1983, 05/29/1985 (Emer.), 08/29/1985, 11/13/1987, 12/08/1988, 02/14/1995, 11/11/1999, 03/13/2002, 12/07/2004, 09/05/2010, 03/24/2017
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