3745-27-47 [Rescinded]Closure of composting facilities.

(A) Applicability

(1) The owner or operator of a class I or II composting facility that is required to initiate closure activities in accordance with paragraph (B) of this rule, shall comply with paragraphs (C) to (H) of this rule.

(2) The owner or operator of class III composting facility that is required to initiate closure activities in accordance with paragraphs (B)(1) or (B)(5) to (B)(7) of this rule, shall comply with paragraphs (C) to (H) of this rule.

(3) The owner or operator of class IV composting facility that is required to initiate closure activities in accordance with paragraph (B)(1) or (B)(5) to (B)(7) of this rule, shall comply with paragraph (D) and (H) of this rule. In addition, the owner or operator of class IV composting facility that is required to initiate closure activities in accordance with paragraph (B)(1) or (B)(7) of this rule shall comply with paragraph (I) of this rule.

(4) The owner or operator of a composting facility who is closing the facility for the purpose of changing its registration status to another classification may submit a written request to the director for alternative closure requirements. The director may approve alternative closure requirements provided the requirements are protective of human health and the environment. The written request shall include, at a minimum, a detailed description of the proposed final closure activities, the change in the classification of the facility, the type of feedstocks, bulking agents, and additives currently on site, and information to identify if the facility is publicly or privately owned or operated.

(B) Final closure activities for a composting facility shall be mandatory if any of the following occurs:

(1) The owner or operator submits in writing to Ohio EPA that the facility will no longer accept waste by a specified date.

(2) A solid waste facility license held by the owner or operator of the composting facility expires, and no further license has been applied for in the manner prescribed in Chapter 3745-37 of the Administrative Code.

(3) A solid waste facility license held by the owner or operator of the composting facility has expired, a further license has been applied for and denied as a final action of the licensing authority.

(4) A solid waste facility license held by the owner or operator of the composting facility has been revoked as a final action of the licensing authority.

(5) The composting facility ceases to be a "registered composting facility" in accordance with rule 3745-27-41 of the Administrative Code.

(6) The director orders the facility to close and all remedies, including appeals, for such orders have been exhausted or waived by failure to pursue such remedies in a timely manner.

(7) The composting facility otherwise ceases to receive solid waste. However, closure is not mandatory for a period of one year after ceasing to receive waste if there is a reasonable likelihood that the normal operations will resume at the composting facility during the year.

(C)

(1) Within seven days after mandatory closure is required, in accordance with paragraph (B)(1), (B)(2), or (B)(7) of this rule, the owner or operator shall provide written notice that the facility has ceased to accept waste to the following:

(a) The single or joint solid waste management district, or the regional solid waste management authority in which the facility is located or which is served by the facility.

(b) The approved health district within which jurisdiction the facility is located.

(c) Ohio EPA.

(2) Concurrently, for composting facilities that accept waste from or distribute compost product to the general public, notice of closure shall be published in a newspaper of general circulation in the county in which the facility is located by the owner or operator of the composting facility. Such notice shall be similarly published in any other county which has the source of twenty-five per cent or more of the solid wastes received at the facility that has been closed. A copy of the proof of publication shall be included with the written notification to Ohio EPA and the board of health having jurisdiction.

(D) Compost products, and solid wastes, including but not limited to, curing compost, cured compost, bulking agents, and additives, shall be removed from the composting facility within one hundred eighty days after the date when the facility ceased to accept solid wastes, unless an alternate time period is authorized by the director.

(E) Not later than thirty days after solid wastes have been removed from a composting facility, all material placement areas and equipment on the premises shall be thoroughly cleaned, in accordance with the following requirements:

(1) All containers, equipment, machines, floors and composting facility surfaces that were in contact with solid wastes, curing compost, or cured compost at any time during the operation of the composting facility and that are not to be removed during the final cleaning, shall be washed or otherwise subjected to procedures that substantially reduce or eliminate any remaining constituents or contaminants derived from contact with solid wastes, curing compost, or cured compost. This paragraph does not apply to composting or curing surfaces composed of soil, gravel, slag, or other permeable material.

(2) Leachate remaining on the site shall be removed and disposed in accordance with all applicable laws and regulations. The leachate collection system shall be thoroughly flushed of all materials derived from or that have contacted solid wastes.

(F) Not later than ninety days after all solid wastes have been removed from the composting facility, the following actions shall be completed, where applicable:

(1) The leachate collection system must be modified, removed or sealed, as necessary, to prevent discharges from the system to surface or ground waters of the state unless such discharges are otherwise regulated in accordance with Chapter 6111. of the Revised Code.

(2) All land not previously so modified shall be graded and drainage structures provided so as to direct surface water off the closed facility, and not allow ponding of water on the closed facility.

(3) The closed facility shall be baited for rodents, and treated for other vectors, if necessary.

(4) Signs, stating in letters not less than three inches high that the facility is closed for all solid waste facility activities, shall be posted in such a manner as to be easily visible at all access points into the facility for composting facilities where the owner or operator accepts waste from or distributes compost product to the general public. These signs shall be maintained in legible condition for not less than two years after closure of the facility, or until the facility re-opens as a new composting facility or is converted to an alternative use. The text of the signs required by this paragraph shall be:

"This facility is closed for all composting activities and all receipt of waste materials. Depositing solid wastes at this site constitutes open dumping which is a violation of Chapter 3734. of the Ohio Revised Code. Whoever recklessly violates Chapter 3734. of the Ohio Revised Code is guilty of a felony, punishable by a fine of at least $10,000 but not more than $25,000 or imprisoned for at least two years but not more than four years, or both."

(G) Within thirty days of completing facility closure as outlined in this rule or before the closed facility may be converted to other uses, whichever occurs first, a notarized statement certifying that the facility has been thoroughly cleaned pursuant to paragraph (E) of this rule must be provided to Ohio EPA and the approved health district having jurisdiction.

(H) Representatives of Ohio EPA or the approved health department, upon presenting proper identification, may enter any composting facility that has ceased accepting waste, at any reasonable time, for the purpose of determining compliance with this rule.

(I) Within seven days after mandatory closure is required, in accordance with paragraph (B)(1) or (B)(7) of this rule, the owner or operator shall provide written notice that the facility has ceased to accept waste to the following:

(1) The single or joint solid waste management district or the regional solid waste management authority in which the facility is located or which is served by the facility.

(2) The approved health district having jurisdiction.

(3) Ohio EPA.

Effective: 04/02/2012
R.C. 119.032 review dates: 11/30/2011
Promulgated Under: 119.03
Statutory Authority: 3734.02
Rule Amplifies: 3734.02
Prior Effective Dates: 06/01/1992, 10/31/1993, 06/01/2003