3745-560-435 Closure requirements for class IV composting facilities.

(A) The owner or operator of a composting facility shall perform closure as specified in this rule if any of the following occur:

(1) The registration is terminated in accordance with paragraph (B) of rule 3745-560-401 of the Administrative Code.

(2) Any of the following mandatory closure activities occur:

(a) The composting facility ceases to be an active composting facility.

(b) The establishment or operation of the composting facility has violated Chapter 3704., 3734., or 6111. of the Revised Code or rules adopted thereunder.

(3) The director issues a final action for either of the following:

(a) The owner or operator sells or offers for sale at retail or wholesale, uses, distributes for use, or gives away any compost that does not comply with the applicable quality standards established in this chapter.

(b) The establishment or operation of the composting facility has violated Chapter 3704., 3734., or 6111. of the Revised Code or rules adopted thereunder.

(B) Closure requirements.

(1) The owner or operator shall continue to comply with rule 3745-560-410 of the Administrative Code until the closure certification statement is submitted and concurrence is received from Ohio EPA.

(2) Not later than seven days after closure is required under paragraph (A) of this rule, the owner or operator of a composting facility that allowed public access shall post signs, stating in letters not less than three inches high that the facility is closed. The signs shall be posted in such a manner as to be easily visible at all access points into the facility and must be maintained in legible condition for not less than one year, or until the facility re-opens as a registered composting facility or is converted to an alternative use. The text of the signs shall be the following:

"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 Revised Code."

(3) Not later than thirty days after closure is required under paragraph (A) of this rule, the owner or operator shall remove compost products and solid wastes from the composting facility.

(4) Not later than thirty days after closure is required under paragraph (A) of this rule, the owner or operator shall do the following:

(a) Remove and properly dispose of leachate remaining on the site in accordance with applicable laws and regulations.

(b) Modify, remove, or seal the leachate collection system to prevent discharges from the system to surface waters of the state or ground water unless such discharges are otherwise regulated in accordance with Chapter 6111. of the Revised Code.

(C) Not later than thirty days after completing the requirements as outlined in paragraph (B) of this rule or before the closed facility may be converted to other uses, the owner or operator shall certify to Ohio EPA and the approved board of health that the facility has been closed pursuant to paragraph (B) of this rule. At a minimum, the certification shall include the registration number of the composting facility, the date when closure was completed, and a statement certifying that closure was completed in accordance with this rule.

(D) This rule does not apply when the registrant requests the termination of the composting facility registration due to obtaining appropriate authorization for that property as a class I, II, or III composting facility.

Effective: 04/02/2012
R.C. 119.032 review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 3734.02 , 3734.028 , 3734.12
Rule Amplifies: 3734.02 , 3734.028 , 3734.12