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Rule 3745-400-01 | Definitions.
As used in this chapter: (A) (1) "Administrative change" means an amendment to an authorizing document that does not constitute a modification or alteration to the processing facility or permit to install for the processing facility. An administrative change is not an action. (2) "Alteration" means a change other than a modification to a processing facility or an administrative change to a permit to install issued pursuant to Chapter 3714. of the Revised Code and the rules adopted thereunder for a processing facility. (3) "Applicant" means any person who has applied for an authorizing document in accordance with Chapter 3714. of the Revised Code and the rules adopted thereunder. (4) "Approved board of health" means a board of health placed on the approved list by the director in accordance with section 3714.09 of the Revised Code. (5) "Aquifer system" means one or more geologic units or formations that are wholly or partially saturated with water and are capable of storing, transmitting, and yielding significant amounts of water to wells or springs. (6) "Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity. (7) "Authorizing document" or "authorization" means a document issued, approved, or concurred with by the director, Ohio EPA, an approved board of health, the Ohio environmental review appeals commission, or a court of competent jurisdiction that describes activities that a person is either required to do, allowed to do, or prohibited from doing, pursuant to and in compliance with applicable rules, statutes, and orders. Authorizing document includes but is not limited to a permit, license, registration, acknowledgment of registration, operator certification, plan, alteration, approval to use an alternate material, and order. (B) "Board of health" means the board of health of a city or general health district, or the authority having the duties of a board of health in any city as authorized by section 3709.05 of the Revised Code, or a representative delegated by the board of health to act on behalf of the board of health. (C) (1) "Category 3 wetland" has the same meaning as in section 6111.02 of the Revised Code. (2) "Certified operator" means an individual that holds a valid construction and demolition debris operator certification in accordance with section 3714.062 of the Revised Code and rule 3745-400-26 of the Administrative Code. (3) "Clean hard fill" means construction and demolition debris which consists only of reinforced or nonreinforced concrete, asphalt concrete, brick, block, tile, or stone which can be reutilized as construction material. Brick in clean hard fill includes but is not limited to refractory brick and mortar. Clean hard fill does not include materials contaminated with hazardous wastes, solid wastes, or infectious wastes. (4) "Construction and demolition debris," "debris," or "C&DD" means those materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade physical structure, including, without limitation, houses, buildings, industrial or commercial facilities, or roadways. "Construction and demolition debris" does not include materials identified or listed as solid wastes, infectious wastes, or hazardous wastes pursuant to Chapter 3734. of the Revised Code and rules adopted thereunder; or materials from mining operations, nontoxic fly ash, spent nontoxic foundry sand, and slag; or reinforced or nonreinforced concrete, asphalt, building or paving brick, or building or paving stone that is stored for a period of less than two years for recycling into a usable construction material. For the purpose of this definition, "materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade physical structure," are those structural and functional materials comprising the structure and surrounding site improvements, such as brick, concrete and other masonry materials, stone, glass, wall coverings, plaster, drywall, framing and finishing lumber, roofing materials, plumbing fixtures, heating equipment, electrical wiring and components containing no hazardous fluids or refrigerants, insulation, wall-to-wall carpeting, asphaltic substances, metals incidental to any of the above, and weathered railroad ties and utility poles. "Materials resulting from the alteration, construction, destruction, rehabilitation, or repair" do not include materials whose removal has been required prior to demolition, and materials which are otherwise contained within or exist outside the structure such as solid wastes, yard wastes, furniture, and appliances. Also excluded in all cases are liquids including containerized or bulk liquids, fuel tanks, drums and other closed or filled containers, tires, and batteries. (5) "Construction and demolition debris co-located processing facility" or "co-located processing facility" means a processing facility that is located wholly within the facility boundary of a licensed construction and demolition debris facility, as that boundary is identified in the effective construction and demolition debris facility license. (6) "Construction and demolition debris facility" or "facility" means any site, location, tract of land, installation, or building used for the disposal of construction and demolition debris. (7) "Construction and demolition debris processing facility" or "processing facility" means a site, location, tract of land, installation, or building that is used or intended to be used for the purpose of processing, transferring, or recycling construction and demolition debris that was generated off the premises of the processing facility. Processing facility does not include a facility that is licensed under section 3734.05 of the Revised Code as a solid waste transfer facility or a solid waste facility and does not include a licensed construction and demolition debris facility where processing of mixed C&DD occurs wholly within the designated unloading zone. (D) (1) "Developed spring" means any spring that has been modified by the addition of pipes or a collection basin to facilitate the collection and use of the spring water. (2) "Director" means the director of environmental protection or the director's authorized representative. (3) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any construction and demolition debris into or on any land or ground or surface water or into the air, except if the disposition or placement constitutes storage, reuse, or recycling in a beneficial manner. (E) "Establish" or "establishment" means to dispose of construction and demolition debris, process construction and demolition debris, or construct or install any facility components or processing facility components and includes excavation that is related to the construction of a facility or a processing facility or any components thereof. Establish or establishment includes disposing or processing construction and demolition debris at any location not authorized for the disposal or processing of construction and demolition debris in accordance with this chapter. Establish or establishment includes permitting a pre-existing building for use as a construction and demolition debris processing facility. Establish or establishment does not include clearing, grubbing, or installing ground water monitoring wells. (F) [Reserved.] (G) "Ground water" means any water below the surface of the earth in a zone of saturation. (H) (1) "Hazardous wastes" means waste that is listed specifically as hazardous waste or exhibits one or more characteristics of hazardous waste as defined in Chapter 3745-51 of the Administrative Code. (2) "Health commissioner" means the individual occupying the office created by sections 3709.11 and 3709.14 of the Revised Code, or the health commissioner's authorized representative. (3) "Horizontal limits of construction and demolition debris processing" means the horizontal area within the processing facility boundary where any of the following activities occur or will occur: loading, unloading, processing, transferring, recycling, material handling, or storage. (I) (1) "Illegal disposal" means the disposal of construction and demolition debris at any place other than a construction and demolition debris facility operated in accordance with Chapter 3714. of the Revised Code, this chapter, and Chapter 3745-501 of the Administrative Code; a solid waste disposal facility operated in accordance with Chapter 3745-27 of the Administrative Code and licensed in accordance with Chapter 3745-501 of the Administrative Code; or as otherwise authorized by this chapter. (2) "Infectious waste" has the same meaning as in section 3734.01 of the Revised Code. (3) "Initial license" means the first license issued by the licensing authority for a facility or a processing facility under Chapter 3714. of the Revised Code. (4) "Interim operator" means a person designated by the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility to act in place of the certified operator in the event that the certified operator is not on site or reasonably available daily during operations. (J) [Reserved.] (K) [Reserved.] (L) (1) "Leachate" for the purposes of a construction and demolition debris facility, means liquid that has come in contact with or been released from construction and demolition debris. (2) "Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events. (3) "License" means a license issued by the licensing authority in accordance with Chapter 3714. of the Revised Code and rules adopted thereunder. (4) "Licensing authority" means the approved board of health or in the absence of an approved board of health, the director. (5) "Limits of construction and demolition debris placement" means the areal and vertical limits of debris placement within the construction and demolition debris facility and includes the volume of debris placement. The limits of construction and demolition debris placement include the following: (a) "Construction and demolition debris facility active areas" or "active licensed disposal areas" means all areas within the limits of construction and demolition debris placement designated by the owner or operator in a license application for debris placement during the licensure period. All areas within the limits of construction and demolition debris placement in which debris has been placed since September 30, 1996, and which have not been capped and dense vegetative cover established. (b) "Construction and demolition debris facility inactive areas" or "inactive licensed disposal areas" means all remaining areas within the limits of construction and demolition debris placement which are not designated for debris placement during the licensure period, and include but are not limited to the following: (i) Areas in which no construction and demolition debris has yet been placed. (ii) Areas within the limits of construction and demolition debris placement in which debris has been placed since September 30, 1996, and which have been capped, dense vegetative cover established, and certification of the completion of these activities submitted to the licensing authority in accordance with rule 3745-400-12 of the Administrative Code. (iii) Areas within the limits of construction and demolition debris placement in which debris has been placed prior to September 30, 1996, and where no debris placement has occurred after that date. (M) (1) "Mixed construction and demolition debris" or "mixed C&DD" means construction and demolition debris consisting of more than one type of debris, including recovered screen material (RSM), that has not been processed into a commodity for reuse or recycling in a beneficial manner that does not constitute disposal. (2) "Modify a processing facility" or "modification of a processing facility" means an existing processing facility undergoing any of the following: (a) A change to the processing facility property line. (b) A change to the horizontal limits of construction and demolition debris processing. (c) An increase in the maximum volume of mixed C&DD authorized to be on-site. (N) "Nuisance" means anything which is injurious to human health or offensive to the senses; interferes with the comfortable enjoyment of life or property; and affects a community, neighborhood, or any considerable number of persons (although the extent of annoyance or damage inflicted upon individual persons may be unequal). (O) (1) "Occupied dwelling" means the following, but does not include a dwelling owned or controlled by the owner or operator of a facility or processing facility to which the siting criteria are being applied: (a) A building used or intended to be used in whole or in part as a personal residence by the owner, part-time owner, or lessee of the building or any person authorized by the owner, part-time owner, or lessee to use the building as a personal residence. For the purposes of this definition, "owner" means a person with the exclusive right to use, control, or possess a building. (b) A place of worship as defined in section 5104.01 of the Revised Code. (c) A child day-care center as defined in section 5104.01 of the Revised Code. (d) A hospital as defined in section 3727.01 of the Revised Code. (e) A nursing home as defined in section 3721.01 of the Revised Code. (f) A school. (g) A restaurant or other eating establishment. (2) "Operator" means the person responsible for the on-site supervision of technical operations and maintenance of a construction and demolition debris facility or a construction and demolition debris processing facility, or any parts thereof, which may affect the performance of the facility or processing facility and its potential environmental impact or any person who has authority to make discretionary decisions concerning the daily operations of the facility or processing facility. (3) "Owner" or "property owner" means the person who holds title to the land on which the facility or processing facility is or will be located. (P) (1) "Perennial stream" means a stream as defined by a United States geological survey seven and one-half minute quadrangle map. (2) "Permit to install" means a permit to install issued by the permitting authority in accordance with Chapter 3714. of the Revised Code and rules adopted thereunder. (3) "Permitting authority" means the director or the approved board of health, as applicable. (4) "Person" includes the state, any political subdivision of the state or other state or local body, the United States and any agency or instrumentality thereof, and any legal entity or organization defined as a person under section 1.59 of the Revised Code. (5) "Processing" means the receipt or storage of construction and demolition debris, or the movement of construction and demolition debris from vehicles or containers to a working surface, for purposes of separating the debris into individual types of materials as a commodity for use in a beneficial manner that does not constitute disposal. (6) "Processing facility boundary" means the borderline of the real property utilized or intended to be utilized for a processing facility including the horizontal limits of construction and demolition debris processing, access roads, offices, maintenance buildings or other structures, and any other appurtenances associated with the processing facility. (7) "Public water supply well" means any well connected to a public water system as defined by rule 3745-81-01 of the Administrative Code. (8) "Public well field" means any system of wells which is connected to a public water system as defined by rule 3745-81-01 of the Administrative Code. (9) "Pulverized debris" means a load of debris that, after demolition has occurred, but prior to acceptance of the load of debris for disposal, has been shredded, crushed, ground, or otherwise rendered to such an extent that the load of debris is unidentifiable as construction and demolition debris. Particles and dust created during demolition activities are defined as C&DD under paragraph (C)(4) of this rule. (Q) "Qualified ground water scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering and has at least five years of relevant experience in ground water hydrogeology and related fields that enable that individual to make sound professional judgments regarding ground water monitoring, contaminant fate and transport, and corrective measures. (R) (1) "Recovered screen material" or "RSM" means fine or residual C&DD less than three quarters of an inch in size that is generated at a processing facility as a result of sorting or screening C&DD from which all prohibited materials have been removed. (2) "Recycling" means processing construction and demolition debris that would otherwise be disposed of and returning the material to commerce as a commodity for use in a beneficial manner that does not constitute disposal. For purposes of this rule, "returning the material to commerce" means selling or exchanging the processed material in a legitimate market. (3) "Regulatory flood plain" means a watercourse and the areas adjoining a watercourse which have been, or may be, covered by a one-hundred-year flood as depicted on a federal insurance administration flood map. (4) "Reuse" means reincorporating a material as part of a structure and does not include reincorporating a material as fill. (S) (1) "Significant zone of saturation" means a part of the earth's crust, excluding the capillary zone, in which all voids are filled with water and that may act as a preferential pathway of migration away from the limits of construction and demolition placement. (2) "Solid wastes" means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations as defined in rule 3745-27-01 of the Administrative Code. (3) "Storage" means the holding of debris for a temporary period in such a manner that it remains retrievable and substantially unchanged and, at the end of the period, is disposed, reused, or recycled in a beneficial manner. (4) "Surface water" means any water on the surface of the earth. (T) "Transferring" means the receipt or storage of construction and demolition debris, or the movement of construction and demolition debris from vehicles or containers to a working surface and into other vehicles or containers, for purposes of transporting the debris to a solid waste landfill facility, a construction and demolition debris facility, or a processing facility. (U) [Reserved.] (V) [Reserved.] (W) (1) "Water pollution" means any unpermitted release to waters of the state. (2) "Waters of the state" has the same meaning as in section 6111.01 of the Revised Code. (3) "Working face" means that portion of a construction and demolition debris facility where construction and demolition debris is placed for final deposition. (4) "Working surface" means the land or ground at a processing facility where unloading, processing, transferring, or loading occurs.
Last updated July 5, 2022 at 10:37 AM
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Rule 3745-400-02 | General obligations.
(A) Compliance with this chapter does not relieve any person from the obligation to comply with any applicable statute, rule, or authorizing document. (B) Rules 3745-400-50 to 3745-400-60 of the Administrative Code do not apply to a co-located processing facility. (C) No person shall establish or modify a processing facility to which rules 3745-400-50 to 3745-400-60 of the Administrative Code apply without first obtaining a permit to install in accordance with rule 3745-400-50 of the Administrative Code that authorizes the establishment or modification. (D) Except for the operation of a processing facility for which a license is applied for and obtained in accordance with paragraph (E) of this rule and Chapter 3745-501 of the Administrative Code, no person shall establish or operate a facility or operate a processing facility without first obtaining a license issued by the licensing authority in accordance with Chapter 3745-501 of the Administrative Code. (E) An owner or operator of a processing facility that is proposing to continue to operate the processing facility after the effective date of this rule shall submit an application for a license to the licensing authority in accordance with Chapter 3745-501 of the Administrative Code not later than six months after the effective date of this rule. (F) An owner or operator of a facility or a processing facility shall obtain, maintain, and comply with all applicable authorizations as specified in Chapters 3704., 3734., and 6111. of the Revised Code. (G) An owner or operator of a facility or a processing facility shall obtain, maintain, and comply with all effective permits to install, licenses, orders, and other authorizations issued in accordance with Chapter 3714. of the Revised Code and the rules adopted thereunder, as applicable. (H) An owner or operator of a facility shall not modify a facility without first obtaining authorization from the licensing authority that authorizes the modification. (I) An owner or operator of a facility or processing facility shall not operate or maintain a facility or a processing facility in such a manner as to create a nuisance, fire hazard, or health hazard or in violation of Chapter 3704., 3714., 3734., or 6111. of the Revised Code. (J) No person shall conduct, permit, or allow illegal disposal. In the event that illegal disposal is occurring or has occurred at a property, the person responsible for the illegal disposal, the owner of the property, or the person who allowed the illegal disposal to occur, shall promptly remove and dispose or otherwise manage the construction and demolition debris in accordance with Chapter 3714. of the Revised Code and submit verification to Ohio EPA that the construction and demolition debris has been properly managed.
Last updated July 5, 2022 at 10:37 AM
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Rule 3745-400-03 | Facility and processing facility exclusions.
Effective:
April 18, 2022
This chapter is not applicable to the
following: (A) Construction debris, trees, or brush
removed in clearing a construction site and used as fill material on the site
where the materials are generated or removed. (B) Clean hard fill used either alone or
in conjunction with clean soil, sand, gravel, or other clean aggregates in
legitimate fill operations. [Comment: Rule 3745-400-05 of the Administrative
Code requires a notice of intent to fill when clean hard fill is placed off the
site of generation.] (C) Any processing facility that consists
solely of containers that have an aggregate volume of fifty cubic yards or
less, as long as the construction and demolition debris is not placed on a
working surface or on any equipment used to separate construction and
demolition debris into individual types of materials. (D) The transporting of portable
containers of construction and demolition debris from a location to a
construction and demolition debris facility or processing facility if the
storage of the construction and demolition debris does not exceed seven days
and the construction and demolition debris remains containerized.
Last updated April 19, 2022 at 8:41 AM
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Rule 3745-400-04 | Authorized, limited, and prohibited construction and demolition debris disposal methods.
Effective:
November 7, 2024
(A) Construction and demolition debris
shall be disposed of only by the following methods or combination
thereof: (1) Disposal in a
licensed construction and demolition debris facility. (2) Disposal in a solid
waste disposal facility, as defined in rule 3745-27-01 of the Administrative
Code and licensed in accordance with Chapter 3745-501 of the Administrative
Code. (3) Disposal by means of
open burning, as defined in Chapter 3745-19 of the Administrative Code, if
permitted as provided therein. (4) Other methods not
prohibited by this chapter, provided that such methods are demonstrated to the
satisfaction of the licensing authority to be capable of disposing of
construction and demolition debris without creating a nuisance or a health
hazard, without causing water pollution, and without violating these
regulations and any regulation adopted by the director pursuant to Chapters
3704., 3734., and 6111. of the Revised Code. (B) No exemption issued under Chapter 3714. of the Revised
Code or rules adopted thereunder allows the exemption of any person from
compliance with any section of the Revised Code other than as specified in
section 3714.04 of the Revised Code or any regulation adopted thereunder, or
any regulation of any federal agency, or of any department of the state
government, including the Ohio department of health, the Ohio department of
natural resources and the Ohio environmental protection agency.
Last updated November 7, 2024 at 8:38 AM
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Rule 3745-400-05 | Clean hard fill.
Effective:
November 7, 2024
(A) Clean hard fill consisting of
reinforced or nonreinforced concrete, asphalt concrete, brick, block, tile, or
stone shall be managed in one or more of the following ways: (1) Recycled into a
usable construction material. (2) Disposed in licensed
construction and demolition debris or other waste facilities. (3) Used in legitimate
fill operations for construction purposes or to bring the site up to a
consistent grade, on the site of generation. (4) Used in legitimate
fill operations for construction purposes or to bring the site up to a
consistent grade, on a site other than the site of generation, pursuant to
paragraph (C) of this rule. [Comment: Use of clean hard fill could create a
nuisance or a safety hazard. The application of cover over the clean hard fill
may be one way to address the nuisance or safety hazard.] (B) Clean hard fill may be stored for a
period of less than two years. For the purposes of this rule,
"stored" means debris that is held in a manner remaining retrievable
and substantially unchanged. Clean hard fill stored for more than two years
shall be considered illegal disposal of construction and demolition debris.
However, clean hard fill piled adjacent to a construction materials processing
facility shall not be considered stored for more than two years if the pile is
active, that is, if clean hard fill material is added to and removed from the
pile within a two year period. (C) The person responsible for causing
clean hard fill to be used in legitimate fill operations for construction
purposes or to bring the site up to a consistent grade, on a site other than
the site of generation, shall provide a written "Notice of Intent to
Fill" to each licensing authority where the clean hard fill is to be
placed. The "Notice of Intent to Fill" shall state the nature of the
fill material, the site to be filled, when filling will begin and end, and the
telephone number of the notifier. The notification shall be received by each
local licensing authority with sites to be filled, at least seven days prior to
filling as specified in division (F) of section 3714.13 of the Revised Code.
The notifier shall provide a new "Notice of Intent to Fill" if there
are any changes in the information specified in this rule for
notification.
Last updated November 7, 2024 at 8:38 AM
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Rule 3745-400-06 | Prohibited locations for construction and demolition debris facilities.
Effective:
November 7, 2024
(A) Paragraph (B) of this rule does not
apply to a facility operating or under construction on July 24, 1990, the
effective date of section 3714.06 of the Revised Code, or to the expansion of
such facility onto contiguous land owned by the facility owner or operator on
the date the initial license application for the facility was submitted to the
licensing authority. (B) No portion of a construction and
demolition debris facility shall be located in either of the following
locations: (1) Within the boundaries
of the one hundred year flood plain of a watercourse, as those boundaries are
shown on the applicable maps prepared under the "National Flood Insurance
Act of 1968," 82 Stat. 572, 42 U.S.C. 4001, unless the owner or operator
has obtained an exemption from the licensing authority in accordance with
paragraph (D)(2) of rule 3745-400-15 of the Administrative Code. With respect
to watercourses or portions thereof for which no such maps have been prepared,
the boundaries of the one hundred year flood plain shall be determined by the
applicant for a license based upon a design storm of seven inches of
precipitation in twenty-four hours and upon standard methodologies set forth in
"Urban Hydrology for Small Watersheds" and Section 4 of the
"National Engineering Hydrology Handbook." [Comment: Note that the above-mentioned maps
also include flood plains not associated with a watercourse. Location in such
flood plains is not prohibited by this rule. However there may be other
authorities, such as the federal emergency management agency, that may
otherwise restrict a facility from locating in a flood plain.] (2) Within the boundaries
of a sole source aquifer designated by the Administrator of the United States
environmental protection agency under the "Safe Drinking Water Act,"
88 Stat. 1660, 42 U.S.C. 300F. [Comment: For facilities established after
September 30, 1996, an exemption to the provisions of paragraph (B)(1) of this
rule may be granted through paragraph (D)(2) of rule 3745-400-15 of the
Administrative Code. No exemptions can be granted from the provisions of
paragraph (B)(2) of this rule in accordance with section 3714.04 of the Revised
Code.] (3) Incorporation by
reference. The text of the incorporated materials is not included in this rule
and is hereby made a part of this rule. Only the specific version specified in
this rule is incorporated. Any amendment or revision to a referenced document
is not incorporated until this rule has been amended to specify the new
version. The availability of these documents is provided in this paragraph;
however, many of the documents are also available for inspection and copying at
most public libraries and "The State Library of Ohio." As used in
this rule: (a) "National Hydrology Engineering Handbook,"
included in the United States department of agriculture, natural resources
conservation service publication, "National Engineering Handbook,"
updated March 2020. The full text is available in electronic format at
https://directives.sc.egov.usda.gov/viewerfs.aspx?hid=21422. (b) United States department of agriculture, natural
resources conservation service technical release number 55, "Urban
Hydrology for Small Watersheds," updated June 1986. The full text is
available in electronic format at
https://www.nrc.gov/docs/ML1421/ML14219A437.pdf.
Last updated November 7, 2024 at 8:38 AM
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Rule 3745-400-07 | Facility design requirements and construction specifications.
(A) The owner or operator shall submit the facility design plan as part of the license application. The facility design plan shall contain information in accordance with this rule for the facility and, if applicable, for a co-located processing facility and be comprised of all the following: (1) The site characterization report as outlined in paragraph (C) of rule 3745-400-09 of the Administrative Code. [Comment: The presentation of narrative in the site characterization report is not specified, narrative may be presented on plan sheets or on letter or legal sized paper.] (2) The construction design plan as outlined in paragraph (F) of this rule. (3) The final cap system design plan as outlined in paragraph (G) of this rule. (4) The ground water monitoring well system plan as outlined in rule 3745-400-10 of the Administrative Code if required by paragraph (B) of rule 3745-400-09 of the Administrative Code. [Comment: This rule first specifies the design plan contents followed by applicable construction or performance specifications. Those items specified by the plan as for "informational purposes only" are not required to be certified.] (B) The owner or operator shall comply with all applicable construction specifications and performance standards required in this rule. [Comment: The owner or operator need not reiterate all the construction specifications and performance standards that are in this rule in the facility design plan. The owner or operator, in accordance with rule 3745-400-11 of the Administrative Code, is required to follow the applicable specifications as part of facility operations. If the owner or operator does not follow the specifications, a violation of rule 3745-400-11 of the Administrative Code will result.] (C) The owner or operator of any facility shall meet all the construction and performance specifications of this rule with the following exceptions: (1) A recompacted soil liner is required except for the following: (a) When the conditions in paragraph (A) of rule 3745-400-09 of the Administrative Code are met. (b) Where the limits of debris placement were filled with debris as of September 30, 1996. (c) Where the limits of debris placement are filled with debris prior to the effective date of an approved modification to laterally extend the limits of debris placement. (2) A leachate collection system as specified in paragraph (F)(5)(c) of this rule is required for all facilities except in either of the following areas: (a) Areas containing debris as of September 30, 1996. (b) Areas containing debris placed without a recompacted soil liner prior to January 1, 1999. [Comment: All areas for debris placement remaining unfilled as of January 1, 1999, shall have a leachate collection system.] (D) The owner or operator of a facility shall construct a standard cap system as specified by paragraph (G)(2)(a) of this rule over any area of a facility where debris is disposed after September 30, 1996. (E) The requirement and design for a vegetative cap system shall be determined as follows: (1) The owner or operator of a facility shall be required to construct a vegetative cap system as specified by paragraph (G)(2)(b) of this rule where an area of the facility is filled with debris to final grade as of September 30, 1996, and where no dense vegetation has been established in the area and the area remains an inactive licensed disposal area for the remaining life of the facility. (2) The owner or operator of a facility shall not be required to construct any cap system where an area of the facility is filled with debris to final grade but where dense vegetation has been established in the area as of September 30, 1996, and the area remains an inactive licensed disposal area for the remaining life of the facility. (F) The construction design plan. The construction design plan, which shall include the liner and leachate collection system designs, as applicable, shall be signed and sealed by a professional engineer registered in Ohio. Drawings, calculations and narrative shall appear on plan sheets with minimum dimensions of twenty-four inches by thirty-six inches. If narrative is necessary to explain the drawings or calculations, the narrative shall appear with the drawing or calculation on the plan sheet. The construction design plan shall consist of the following: (1) Cover sheet. A detail engineering plan cover sheet, to be numbered sheet 1, containing the following information, as applicable: (a) The name of the facility and co-located processing facility. (b) The precise geographic location and boundaries of the facility and co-located processing facility, each shown on a road map with a scale of one inch equals no greater than one mile. (c) The name and address of the operator of the facility and co-located processing facility operator. (d) The name and address of the owner of the land to be used for the facility and co-located processing facility. (e) The name and address of the professional engineer who prepared the plans. (2) Facility environs. Plan drawings shall show the items listed in paragraphs (F)(2)(b) to (F)(2)(d) of this rule that are located within two hundred feet of either the limits of debris placement or the horizontal limits of construction and demolition debris processing, unless otherwise specified in this paragraph. The items shall be illustrated on a series of plan drawings numbered consecutively: 2A, 2B, 2C, etc. All items specified in an individual subheading shall be shown on the same plan drawing (unless specified otherwise). An individual plan drawing may contain information specified in more than one individual subheading. A scale of one inch equals no greater than two hundred feet shall be used. (a) All plan drawings required by paragraph (F)(2) of this rule shall include the following: (i) The facility boundary line of all land owned or leased for the facility and, if applicable, the processing facility boundary for the co-located processing facility as certified by a professional surveyor registered in Ohio. (ii) The limits of debris placement, both proposed and emplaced, if applicable. Emplaced limits of debris placement can be determined by surveys. If a facility does not have survey results, the owner or operator shall provide justification of the limits shown in the construction design plan. (iii) All public roads, access roads, railroads, and man-made structures, for informational purposes only. (iv) Existing topography showing vegetation, streams, wetlands, lakes, springs, and other surface waters, with a contour interval no greater than five feet. (v) The north arrow, for informational purposes only. (vi) The horizontal limits of construction and demolition debris processing. (b) The location of all existing or proposed maintenance buildings, weighing facilities, storage buildings, and other structures within the facility boundary. (c) All oil wells and gas wells. If any oil wells or gas wells are identified in accordance with this paragraph, a letter from the Ohio department of natural resources or other appropriate agency verifying type, location, depth, and status shall be included. Oil wells and gas wells within the proposed limits of debris placement or the horizontal limits of construction and demolition debris processing shall be properly plugged and abandoned in accordance with Chapter 1509. of the Revised Code. (d) For a co-located processing facility, all occupied dwellings within five hundred feet of the horizontal limits of construction and demolition debris processing, and all perennial streams and category 3 wetlands within one hundred feet of the horizontal limits of construction and demolition debris processing. (3) The facility. Plan drawings for the entire facility showing the grades of the following items shall be on plan drawings numbered consecutively 3a, 3b, 3c, etc. The scale on these drawings shall be one inch equals no greater than two hundred feet and contour intervals shall be no greater than five feet. (a) The horizontal and vertical limits of excavation. (b) The horizontal limits and top and bottom elevations of the recompacted soil liner. (c) The top elevation of the drainage layer, and if a pipe network is proposed, the pipe inverts and layout of the leachate collection system. (d) The location of any leachate collection system appurtenances outside the limits of debris placement. (e) The horizontal limits and bottom elevations of debris placement, both emplaced, if applicable, and proposed. (f) The location of all existing or proposed fencing, gates, and natural or other screening on the site (may be shown on an aerial photograph). (g) The location of ground water control structures, if any. (h) The location of borings used for the site hydrogeology investigation required in paragraph (C)(5) of rule 3745-400-09 of the Administrative Code. (i) The location of all permanent survey marks. Construction specifications for survey marks are as follows: (i) The facility shall have at least three permanent survey marks installed on separate sides of the facility within easy access to the limits of debris placement. (ii) Survey marks shall be referenced horizontally to the North American datum, or state plane coordinate system and vertically to the North American vertical sea level datum as identified by the national geodetic survey. (iii) Survey marks shall be at least as stable as a poured concrete monument ten inches in diameter installed to a depth of forty-two inches below the ground surface. Each constructed survey mark shall include a corrosion resistant metallic disk which indicates horizontal and vertical coordinates of the survey mark and shall contain a magnet or ferromagnetic rod to allow identification through magnetic detection methods. (iv) Survey control standards for the survey marks shall be in accordance with the following: (a) For the first facility survey mark established from the known control point, minimum horizontal distance accuracy shall be one foot horizontal to two thousand five hundred feet horizontal. (b) For each facility survey mark established from the first facility survey mark, minimum horizontal distance accuracy shall be one foot horizontal to five thousand feet horizontal. (c) For the first facility survey mark established from the known control point and for each facility survey mark established from the first facility survey mark, minimum vertical accuracy shall be one inch vertical to five thousand feet horizontal. (4) Cross sections. Cross sections of the facility at an interval no greater than every three hundred feet of length and width, and clearly showing the horizontal and vertical scales used, shall show the following items on plan drawings numbered consecutively 4a, 4b, 4c, etc.: (a) Existing topography, for informational purposes only. (b) The top of the uppermost aquifer system, if the owner or operator meets the criteria of paragraph (C)(1)(a) of this rule or is pursuing compliance with the provisions of paragraph (F)(5)(a) of this rule. The demonstration of the thickness and hydraulic conductivity of the in situ geologic material shall be based on the borings used for the site hydrogeology investigation required by paragraph (C)(5) of rule 3745-400-09 of the Administrative Code, shall be shown on the cross sections, and shall include the following: (i) Logs of the applicable borings showing the stratigraphic units from the ground surface to ten feet below the bottom of the facility. (ii) The thickness and hydraulic conductivity measurements made of the stratigraphic units. (iii) The thickness of any geologic material added to establish the isolation distances cited in rule 3745-400-09 of the Administrative Code. (c) The horizontal and vertical limits of excavation, for informational purposes only. (d) The bottom limits of the liner system, if required. (e) The bottom limits of the leachate collection system. (f) The horizontal limits and top and bottom elevations of debris placement. (g) Final grade including cap system. (5) Detail drawings. The following detail drawings shall be on plan drawings numbered consecutively 5a, 5b, 5c, etc.: (a) The recompacted soil liner, if required. The recompacted soil liner shall, at a minimum include the following: (i) Be constructed and compacted to a thickness of twenty-four inches using loose lifts eight inches thick or less. (ii) Achieve a maximum permeability of 1 x 10-6 cm/sec for each lift of the recompacted soil liner. (iii) Not be comprised of solid waste or construction and demolition debris. (iv) Be placed on the bottom and the exterior excavated sides of the limits of debris placement. (v) Be constructed on a prepared smooth surface that shall do the following: (a) Be able to bear the weight of the facility and its construction and operations without causing or allowing a failure of the liner to occur through settling. (b) Be free of debris, foreign material, and deleterious material. (b) Added geologic material, if utilized. The added geologic material used to establish isolation distances cited in rule 3745-400-09 of the Administrative Code shall at a minimum include the following: (i) Be constructed and compacted using loose lifts eight inches thick or less. (ii) Achieve a maximum permeability of 1 x 10-6 cm/sec for each lift of geologic material. (iii) Be able to bear the weight of the facility and its construction and operations without causing or allowing a failure to occur through settling. (iv) Be free of solid waste, debris, foreign material, and deleterious material. (c) All leachate collection system elements. The leachate collection system shall at a minimum do the following: (i) Be designed to collect leachate within the limits of debris placement. (ii) Be designed to be capable of maintaining less than a one foot depth of leachate over the in situ or added geologic material or constructed liner, excluding the leachate sump collection points. (iii) Be constructed on a prepared smooth surface that shall include the following: (a) Have a minimum slope of two per cent. (b) Be able to bear the weight of the facility and its construction and operations without causing or allowing a failure of the leachate collection system to occur through settling. [Comment: A recompacted soil liner or compacted isolation material meets this requirement.] (c) Be free of debris, foreign material, and deleterious material. (iv) Be constructed of a drainage medium that shall provide a permeability no less than 1 x 10-3 cm/sec. The medium may consist of suitable select debris or other suitable waste materials and shall be at least one foot thick. [Comment: "Other suitable waste materials" refers to drainage materials such as nontoxic spent foundry sand, nontoxic bottom ash, nontoxic slag, and shredded tires.] (v) Be designed to prevent crushing of, or damage to, any of its components. (vi) Be designed to function without clogging. (vii) If a pipe network is proposed, designed with access for cleaning and inspection devices and with pipe lengths not exceeding the capabilities of the cleaning and inspection devices. [Comment: For safety reasons, manholes or pipes large enough for human entry are not recommended.] (viii) Be designed to provide access for obtaining leachate samples for testing of leachate quality and for determining the leachate head. (ix) Be designed to be capable of conveying leachate outside the limits of debris placement for treatment and discharge in accordance with Chapter 6111. (water pollution control) of the Revised Code. (x) If storage of leachate outside of the limits of debris placement is proposed, include a storage containment designed to be no less protective of the environment than the facility. (xi) Be constructed and certified in phases, if necessary, so as to stay immediately ahead of the working face. [Comment: Leachate recirculation may be an acceptable practice, but specific details for operation of the system must be approved by the licensing authority.] (d) Any barrier layer located where the geologic material between the uppermost aquifer and the previously placed debris is insufficient to meet the requirements of paragraph (A)(1)(a) of rule 3745-400-09 of the Administrative Code. A soil barrier layer shall be utilized to impede the infiltration of leachate into placed debris and meet the requirements of paragraph (A)(1)(b) of rule 3745-400-09 of the Administrative Code. The soil barrier layer shall at a minimum include the following: (i) Be constructed on the interior slopes of already placed debris. [Comment: A cap system is utilized to cover the exterior slopes of placed debris. "Placed debris" includes debris placed during the liner phase-in period for a facility.] (ii) Be constructed and compacted to a minimum thickness of twenty-four inches using loose lifts eight inches thick or less. (iii) Achieve a maximum permeability of 1 x 10-6 cm/sec for each lift of geologic material. (iv) Be free of solid waste, debris, foreign material, and deleterious material. (v) Be constructed on a subbase that shall include the following: (a) Be comprised of a cohesive soil. (b) Be one foot thick if placed on a filter capable of retaining the subbase soil or be two feet thick if not placed on such a filter. (c) Have a smooth surface and be free of debris and deleterious material. (d) Be placed on a prepared surface or debris that has been smoothed such that irregularities do not exceed six inches. (vi) Be sloped such that ponding of leachate on the barrier layer shall not occur. [Comment: The detail drawings for a barrier layer are part of the facility design plan. However, plan drawings or design drawings for a barrier layer are part of the debris placement plan required by rule 3745-37-02 of the Administrative Code because of the uncertainty of placed debris elevations and barrier layer location until the time of construction. Construction certification is required for the barrier layer in accordance with paragraph (A)(2) of rule 3745-400-08 of the Administrative Code.] (e) Permanent ground water control structures, if any. Any permanent ground water control structures shall adequately control ground water infiltration through the use of non-mechanical means such as impermeable barriers or permeable drainage structures. However, no permanent ground-water control structures may be used to dewater an aquifer system. (f) For a co-located processing facility, the following: (i) The location, boundaries, maximum dimensions, and composition of all existing and proposed piles of mixed C&DD. (ii) The location of all existing and proposed fencing, gates, natural or other screening, and visual barriers, if applicable, as specified in rule 3745-400-11 of the Administrative Code. (iii) The location and design of surface water drainage and sediment control structures designed in accordance with paragraph (F)(6) of this rule. (iv) Working surfaces. (6) Calculations. A section of the construction design plan, on plan drawings numbered consecutively 6a, 6b, 6c, etc., shall include the following design calculations with references to equations used, showing site specific input and assumptions: (a) The volume of the facility in cubic yards and anticipated life in years, for informational purposes only. (b) Leachate collection system calculations. (c) For a co-located processing facility, the following: (i) The maximum rate of processing in cubic yards per day. (ii) The maximum volume in cubic yards of mixed construction and demolition debris that may accumulate at any time. (iii) Calculations for surface water drainage and sediment control structures in accordance with Ohio environmental protection agency "Rainwater and Land Development Manual." (d) Any other relevant calculations. (G) The final cap system design plan. The final cap system design plan shall be signed and sealed by a professional engineer registered in Ohio. Drawings, calculations and narrative shall appear on plan sheets with minimum dimensions of twenty-four inches by thirty-six inches. If narrative is necessary to explain the drawings or calculations, the narrative shall appear with the drawing or calculation on the plan sheet. The final cap system design plan shall consist of the following: (1) The facility. Plan drawings for the entire facility showing the grades of the following items shall be on plan drawings numbered consecutively 7a, 7b, 7c, etc. The scale on these drawings shall be one inch equals no greater than two hundred feet and contour intervals shall be no greater than five feet. Facility plan drawings shall contain the following information: (a) Final grade of the limits of debris placement. (b) Final grade including cap system and surface drainage structures. (c) Designation of the required cap system types within the limits of debris placement. This designation shall state "standard cap system," in accordance with paragraph (D) of this rule; "vegetative cap system," in accordance with paragraph (E)(1) of this rule; and "no cap system required," in accordance with paragraph (E)(2) of this rule. (d) Planned end use, for informational purposes only. (2) Detail drawings. The following detail drawings shall be on plan drawings numbered consecutively 8a, 8b, 8c, etc.: (a) Standard cap system. The construction and performance specifications of a standard cap system are as follows: (i) First, a soil layer of well compacted, cohesive soil with a minimum recompacted thickness of eighteen inches. The soil shall meet the following criteria: (a) The maximum soil particle size shall be six inches. (b) At least ninety five per cent of the soil particles, by volume, shall pass the three inch sieve. (c) At least seventy five per cent of the soil particles, by volume, shall pass the number four sieve. (d) The soil shall meet either of the following specifications: (i) At least fifty per cent of the soil particles, by weight, shall pass the number two hundred sieve. (ii) Achieve a maximum permeability of 1 x 10-6 cm/sec for each lift of the recompacted soil. (e) The soil shall meet either of the following specifications: (i) Possess plasticity properties lying above the A-line in the "Unified Soil Classification System" described in ASTM D-2487. (ii) Consist of 0.002 inch or finer clay particles as determined in ASTM D-422 such that these clay particles shall comprise at least fifteen per cent of the total soil dry mass. (f) The soil may be an alternative soil type acceptable to the licensing authority. (g) The soil shall not be comprised of solid waste or construction and demolition debris. (h) The soil shall be compacted using loose lifts twelve inches thick or less and meet a compaction standard described in paragraph (C)(5) of rule 3745-400-08 of the Administrative Code. (ii) Second, a soil layer with minimum thickness of six inches and of sufficient fertility to support dense vegetation. (iii) Third, a complete and dense perennial vegetative cover of healthy grasses or other vegetation shall be established and maintained on all exposed final cover. (iv) The standard cap system shall have a minimum slope of three per cent and a maximum slope of twenty-five per cent and shall be graded to eliminate ponding, promote drainage, and minimize erosion. (v) Comparable materials or thicknesses for the standard cap system may be utilized by the owner or operator if the final cap system specified in this rule is not compatible with the end use. (b) Vegetative cap system. Construction of a vegetative cap system shall at a minimum include the following: (i) Consist of a soil layer with a thickness of six inches and of sufficient fertility to support dense vegetation. (ii) Consist of a complete and dense perennial vegetative cover of healthy grasses or other vegetation shall be established and maintained on all exposed final cap. (iii) Be graded to eliminate ponding, promote drainage, and minimize erosion. (iv) Utilize comparable materials or thicknesses for the vegetative cap system if the final cap system specified in this rule is not compatible with the end use. (3) Calculations. A section of the final cap system design plan, on plan drawings numbered consecutively 9a, 9b, 9c, etc., shall include the soil erosion calculations for the cap system under closure conditions with references to equations used and showing site specific input and assumptions. The erosion rate is not to exceed five tons per acre per year.
Last updated July 5, 2022 at 10:37 AM
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Rule 3745-400-08 | Construction and final closure certification.
Effective:
November 7, 2024
(A) Upon completion of construction of an
engineered component specified in rule 3745-400-07 of the Administrative Code,
the owner or operator shall submit to the licensing authority a construction
certification report certifying that the construction complies with the
construction and performance specifications contained in rules 3745-400-07 and
3745-400-10 of the Administrative Code. [Comment: Certification follows the facility
design plan of rule 3745-400-07 of the Administrative Code, in that there are
certification reports to certify the construction of engineered components of
the soil liner, leachate collection system, and final cap system, and a
certification report to certify the ground water monitoring well system. In
addition, a final certification report certifies final closure in accordance
with rule 3745-400-12 of the Administrative Code.] (1) Certification of
installation of ground water monitoring wells, as specified in paragraph (A) of
rule 3745-400-10 of the Administrative Code, shall be submitted to the
licensing authority prior to or with the annual ground water report specified
in paragraph (B) of rule 3745-400-10 of the Administrative Code if the ground
water monitoring report identifies new ground water monitoring
wells. [Comment: The licensing authority does not
approve the certification report. However for new areas that are to be licensed
for disposal, disposal cannot take place until the monitoring wells necessary
to monitor the active licensed disposal area are installed and the first ground
water sampling has occurred, as indicated in paragraph (D)(4) of rule
3745-400-11 of the Administrative Code.] (2) Certification of
construction of the engineered components shall be submitted to the licensing
authority not later than sixty days after completion of construction.
Engineered components needing construction certification are those components
contained in the facility construction design plan specified in paragraph (F)
of rule 3745-400-07 of the Administrative Code and any barrier layer designed
and shown in the license application for a facility in accordance with rule
3745-501-10 of the Administrative Code. [Comment: The licensing authority does not
approve the certification report. However for areas that are to be licensed for
disposal, disposal cannot take place until the report is received and the
licensing authority inspects the area as indicated in paragraph (D)(3) of rule
3745-400-11 of the Administrative Code. The leachate collection system, when
constructed in phases ahead of the working face, needs certification and
inspection for each construction phase.] (3) Certification that
the engineered components of the final cap system, pursuant to paragraph (G) of
rule 3745-400-07 of the Administrative Code and contained in the final cap
system design plan, have been constructed shall be submitted to the licensing
authority not later than sixty days after completion of construction. The owner
or operator may construct portions of the final cap system as active licensed
disposal areas are brought to final grade. The licensing authority shall review
the certification report and either approve or deny the
construction. [Comment: The release of final closure
financial assurance by the licensing authority upon construction certification
of engineered components of the final cap system is addressed in paragraph
(A)(1)(f)(ii) of rule 3745-400-13 of the Administrative Code.] (B) Except for the construction
certification report on the installation of ground water monitoring wells,
which shall be certified by a qualified ground water scientist, each
construction certification report shall be signed and sealed by a professional
engineer registered in Ohio and include the following: (1) Identification of the
constructed engineered component for certification. Plan sheets showing the
appropriate views and cross-sections from the facility design plan shall be
used to prepare record drawings of what and how the engineered component was
constructed and include the testing locations. Details of the engineered
component shall be redrawn. Record drawings of a barrier layer shall consist of
a plan drawing and cross sections and use the drawing formats described in
paragraphs (F)(3) and (F)(4) of rule 3745-400-07 of the Administrative
Code. (2) Sampling and testing
procedures used to verify the construction of the engineered
components. (3) Parameters and
testing locations. (4) Results of all
testing specified in paragraph (C) of this rule. (5) Identification of any
deviations from the specifications contained in rule 3745-400-07 of the
Administrative Code. Any significant differences between the test results shall
be justified by the owner or operator. [Comment: A significant change to a
specification of rule 3745-400-07 of the Administrative Code is a modification
as described in paragraph (A) of rule 3745-400-15 of the Administrative
Code.] (6) The management
structure and the experience and training of the testing
personnel. (7) For the construction
certification of the survey marks, a certified statement prepared by a
professional surveyor that the requirements of paragraph (F)(3)(i) of rule
3745-400-07 of the Administrative Code have been met. (C) The owner or operator shall verify
the following at the frequencies or in the manner specified in this
paragraph: (1) Prior to use in
construction, soil materials used for the following are tested for recompacted
permeability at construction specifications at a frequency of least once for
every ten thousand cubic yards of soil to show that the materials are suitable
for use: (a) Recompacted soil liner. (b) Any soil barrier layer. (c) Recompacted soil in the standard cap system for soils that
meet only the specification in paragraph (G)(2)(a)(i)(d)(ii) of rule
3745-400-07 of the Administrative Code, pertaining to a maximum permeability of
1 x 10-6 cm/sec for each lift of
the recompacted soil. (2) The permeability of
each lift of the recompacted soil liner, soil barrier layer, or added geologic
material are verified on undisturbed samples at least once per every two acres.
Any penetrations shall be repaired using methods acceptable to the licensing
authority. (3) Prior to being used
in the leachate collection system, the proposed drainage medium is tested for
permeability at least once for every five thousand cubic yards of
material. (4) Prior to use in the
construction of the standard cap system, the soil materials to be recompacted
are classified by texture according to paragraph (G)(2)(a)(i) of rule
3745-400-07 of the Administrative Code at least once for every five thousand
cubic yards of soil to demonstrate the materials are suitable for
use. (5) After construction,
the compacted density of the recompacted soil of the standard cap system and
the subbase of any soil barrier layer meet at least one of the
following: (a) For soils that meet the specification in paragraph
(G)(2)(a)(i)(d)(i) of rule 3745-400-07 of the Administrative Code of at least
fifty per cent of the soil particles, by weight, passing the number two hundred
sieve, documentation of proof rolling with a pneumatic tire or smooth steel
drum roller providing at least sixty-five psi contact pressure. (b) For soils that meet only the specification in paragraph
(G)(2)(a)(i)(d)(ii) of rule 3745-400-07 of the Administrative Code of a maximum
permeability of 1 x 10-6 cm/sec
for each lift of the recompacted soil, demonstrate at a frequency of at least
five times per acre per lift the achievement of either at least ninety five per
cent of the maximum standard Proctor density or at least ninety per cent of the
maximum modified Proctor density. (6) If the standard or
modified Proctor density is to be used as the standard for recompaction as
described in paragraph (C)(5)(b) of this rule, the maximum dry density and
optimum moisture content are also established by method ASTM D698 or ASTM D1557
at least once for every five thousand cubic yards of soil prior to
use. (D) Final closure certification report.
The final closure certification report shall verify that the following
activities have been completed in accordance with paragraph (E) of rule
3745-400-12 of the Administrative Code: (1) The facility has been
blocked, by locked gates, fencing, or other sturdy obstacles. (2) Signs are
posted. (3) All areas within the
limits of debris placement that have been certified for final cap system
construction in accordance with paragraphs (D) and (E) of rule 3745-400-07 of
the Administrative Code as applicable are shown on a copy of a plan sheet
specified in paragraph (G)(1) of rule 3745-400-07 of the Administrative Code.
Each certified capped area shall identify the certified engineered components
and include the date of the licensing authority approval pursuant to paragraph
(A)(3) of this rule. (4) Areas within the
limits of debris placement for which a construction certification report is
included with the final closure certification report are shown on a copy of a
plan sheet specified in paragraph (G)(1) of rule 3745-400-07 of the
Administrative Code. Each area shall identify the engineered components for
which a construction certification report is included with the final closure
certification report. Construction certification reports for
engineered components of the final cap system included with the final closure
certification report shall be in accordance with paragraph (A)(3) of this rule
with the exception of the attainment of complete and dense vegetative cover
specified in paragraph (G)(2)(a)(iii) or (G)(2)(b)(ii) of rule 3745-400-07 of
the Administrative Code. The construction certification reports for engineered
components of the final cap system included with the final closure
certification report shall verify that seeding to establish vegetative cover
has been completed prior to submittal of the final closure certification
report. (5) A copy of the plat
filed with the appropriate county recorder. (6) A copy of the
notation on the deed to the facility property.
Last updated November 7, 2024 at 8:38 AM
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Rule 3745-400-09 | Site characterization.
Effective:
November 7, 2024
(A) Site characterization for employment
of the recompacted soil liner requirement. (1) A recompacted soil
liner, as described in paragraph (F)(5)(a) of rule 3745-400-07 of the
Administrative Code, is required for all unfilled areas in a facility except
when the in situ or added geologic material separating the uppermost aquifer
system from the bottom of the leachate collection system in unfilled areas
meets the criteria in paragraphs (A)(2) and (A)(3) of this rule and one of the
following: (a) When, in a facility that was in operation or under
construction on September 30, 1996, the in situ or added geologic material
separating the uppermost aquifer system from all placed debris meets the
criteria in paragraphs (A)(2) and (A)(3) of this rule. (b) When the unfilled areas of a facility that was in operation
or under construction on September 30, 1996 meet the requirements of paragraph
(A)(1) of this rule and a barrier layer is constructed on existing placed
debris in accordance with paragraph (F)(5)(d) of rule 3745-400-07 of the
Administrative Code. (c) When the unfilled areas of a facility that was in operation
or under construction on September 30, 1996 meet the requirements of paragraph
(A)(1) of this rule and a minimum fifteen foot horizontal separation exists
between existing placed debris and the limits of debris placement in unfilled
areas. (2) The in situ or added
geologic material shall have the following: (a) A minimum thickness of five feet with a maximum permeability
of 1 x 10-5 cm/sec. (b) A maximum permeability equivalent to two feet of soil with a
permeability of 1 x 10-6
cm/sec. (3) Added geologic
material, if any, shall meet the requirements in paragraph (F)(5)(b) of rule
3745-400-07 of the Administrative Code. (B) Site characterization for the ground
water monitoring requirement. A ground water monitoring well system, as
described in paragraph (A) of rule 3745-400-10 of the Administrative Code, is
required for a facility accepting debris on or after September 30, 1996, unless
all of the following conditions are met: (1) The limits of debris
placement are not within five feet of the uppermost aquifer
system. (2) The isolation material between the
uppermost aquifer system and the limits of debris placement has a permeability
equivalent to at least five feet of soil with a maximum permeability of 1 x
10-6 cm/sec and none of the
geological material has a permeability greater than 1 x
10-5 cm/sec. (3) The limits of debris placement are
not within the boundaries of a sole source aquifer designated by the
administrator of the United States environmental protection agency under the
"Safe Drinking Water Act", 88 Stat. 1660 (1974), 42 U.S.C.
300F. (4) The limits of debris placement are
not within the limits of any unconsolidated aquifer systems delineated on the
Ohio department of natural resources ground water resource maps as yielding at
least one hundred gallons per minute. (5) The limits of debris placement are
not within the limits of an Ohio EPA endorsed wellhead protection area or
source water protection area for ground water. (6) The limits of debris placement are
not within one thousand feet of a public water supply well in a public water
supply well field delivering less than seventy-five thousand gallons per
day. (7) The limits of debris placement are
not within one thousand five hundred feet of a public water supply well in a
public water supply well field delivering seventy-five thousand or more gallons
per day. (8) The limits of debris placement are
not within one thousand feet of any water supply well or developed
spring. (C) Site characterization
report. (1) The purpose of the
site characterization report is to have a qualified ground water scientist
provide documentation that the standards established in rule 3745-400-06 of the
Administrative Code, paragraph (A) of this rule, and paragraph (B) of this rule
are met and that the ground water monitoring system as outlined in rule
3745-400-10 of the Administrative Code is capable of determining the quality of
the ground water under the facility. The site characterization report is a part
of the facility design plan as outlined in paragraph (A) of rule 3745-400-07 of
the Administrative Code. The owner or operator of a new facility shall submit a
site characterization report in narrative form with the first license
application using such maps and cross sections as to clearly convey the nature
of the site and the hydrogeology beneath the facility. If the facility meets
the standards in paragraph (A) of this rule, the hydrogeologic investigation
may be conducted and described in phases. (2) The site
characterization report shall contain documentation that the ground water
scientist meets the qualifications of a qualified ground water
scientist. (3) The qualified ground
water scientist shall prepare and sign a written final summary as to whether
the standards established in rule 3745-400-06 of the Administrative Code,
paragraph (A) of this rule, and paragraph (B) of this rule are met by stating
each standard and whether the standard has been met. (4) The site
characterization report shall contain the following publicly available
information to support the final summary: (a) An applicable map prepared under the "National Flood
Insurance Act of 1968" 82 Stat. 572, 42 U.S.C. 4001 (1997), showing where
the facility is located with respect to the one hundred year flood plain of a
watercourse. If no such map has been prepared for the watercourse, the location
of the facility and the delineation of the one hundred year flood plain shall
be shown on a plan sheet with the boundaries of the one hundred year flood
plain of a watercourse determined by the applicant for a license based upon a
design storm of seven inches of precipitation in twenty-four hours and upon
standard methodologies set forth in "Urban Hydrology for Small
Watersheds" and section 4 of the "National Engineering Hydrology
Handbook." [Comment: Note that the above mentioned maps
also include flood plains not associated with a watercourse. Location in such
flood plains is not restricted by section 3714.03 of the Revised Code. However,
there may be other authorities, such as local zoning boards or the federal
emergency management agency, that may otherwise restrict a facility from
locating in a flood plain.] (b) A map showing the location of the facility with respect to
the sole source aquifer designated by the administrator of the United States
environmental protection agency under the "Safe Drinking Water Act",
88 Stat. 1660, 42 U.S.C. 300F (1986). If a sole source aquifer is not in the
vicinity, a statement of that fact will be sufficient. (c) The ground water resource map for the applicable county
prepared by the Ohio department of natural resources showing where the facility
is located. (d) A map showing the location of the facility with respect to an
Ohio EPA endorsed wellhead protection area or source water protection area for
ground water. If a wellhead protection area or source water protection area for
ground water is not in the vicinity, a statement to that fact will be
sufficient. (e) A map showing the location of the facility and all public
water supply wells within two thousand feet of the limits of debris placement,
including the yield of any public water supply well field. (f) A map showing the location of the facility and all water
supply wells within one thousand five hundred feet of the limits of debris
placement. (5) The site
characterization report shall contain site specific hydrogeologic information
to support the final summary, collected from borings, test pits, or
piezometers. The minimum number of locations utilized to collect data for the
hydrogeologic investigation shall be equal to the first whole number above the
number represented by the square root of the number of acres that comprise the
limits of debris placement. The hydrogeologic investigation shall be documented
in a narrative report using such maps and cross sections as to clearly convey
the nature of the hydrogeology beneath the facility and contain the following
information: [Comment: Test pits need to be recompacted and
borings need to be plugged to meet the standards in paragraph (A) or (B) of
this rule.] (a) A description of the consolidated and unconsolidated
stratigraphic units from the ground surface down to the uppermost aquifer
system that includes the following: (i) Sedimentary,
including for unconsolidated formations, the textural classification using the
"Unified Soil Classification System." (ii) Hydraulic
conductivity. (iii) Thickness and
lateral extent. [Comment: Boreholes, when located near the
perimeter of the facility, may be used to establish the wells for ground water
monitoring.] (b) A description of the methodology, equipment, and procedures
used to identify and characterize the hydrogeology beneath the facility as
specified in paragraphs (C)(5)(a) and (C)(5)(c) of this rule, including the
following: (i) Well and piezometer
construction specifications. (ii) Water level
measurement procedures. (iii) The drilling and
soil sampling methods used in characterizing the soil and its hydrogeologic
properties under the facility. (iv) All borings logs,
test pit logs, soil analytical data, and any other data generated while
preparing this report, including a map showing the location of all borings,
test pits, and soil sampling sites. [Comment: This information may be shown on
the map specified in paragraph (F)(3)(h) of rule 3745-400-07 of the
Administrative Code, which may also show the ground water monitoring well
system as specified in paragraph (A) of rule 3745-400-10 of the Administrative
Code and rule 3745-500-12 of the Administrative Code.] (c) For a facility subject to ground water monitoring, a
description and documentation of the first continuous significant zone of
saturation underlying the facility that includes the depth to and lateral and
vertical extent of the first continuous significant zone of saturation
underlying the facility. This description, using narrative, cross sections, and
potentiometric maps, shall include the direction of flow within the first
continuous significant zone of saturation underlying the facility. (D) Incorporation by reference. The text
of the incorporated materials is not included in this rule and are hereby made
a part of this rule. Only the specific version specified in this rule is
incorporated. Any amendment or revision to a referenced document is not
incorporated until this rule has been amended to specify the new version. The
materials incorporated by reference are available for inspection and copying at
most public libraries and "The State Library of Ohio." As used in
this rule: (1) United States department of
agriculture, natural resources conservation service publication, "National
Engineering Hydrology Handbook," updated March 1993. The full text is
available in electronic format at
https://www.ars.usda.gov/research/publications/publication/?seqNo115=120974. (2) United States department of
agriculture, natural resources conservation service technical release number
55, "Urban Hydrology for Small Watersheds," updated June 1986. The
full text is available in electronic format at
https://www.nrc.gov/docs/ML1421/ML14219A437.pdf.
Last updated November 7, 2024 at 8:38 AM
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Rule 3745-400-10 | Ground water monitoring.
Effective:
January 1, 2017
(A) Ground water monitoring well system.
The owner or operator of any facility disposing of debris on or after September
30, 1996, shall have a ground water monitoring well system unless the limits of
debris placement meet the criteria in paragraph (B) of rule 3745-400-09 of the
Administrative Code. Ground water monitoring shall be implemented not later
than required by paragraph (R) of rule 3745-400-11 of the Administrative Code.
The number, spacing, and depth of ground water monitoring wells included in the
monitoring well system shall be capable of determining the quality of the
ground water under the facility and be based on site-specific hydrogeologic
information contained in the site characterization report required in paragraph
(C) of rule 3745-400-09 of the Administrative Code. The monitoring well system
is not required to be capable of determining the impact of the facility on the
quality of the ground water beneath the facility. The owner or operator shall describe the ground
water monitoring well system in a plan as part of the facility design plan
required by rule 3745-400-07 of the Administrative Code. The ground water
monitoring well system plan shall be certified by a qualified ground water
scientist that the system meets the requirements of paragraph (A) of this rule.
If the ground water monitoring well system is constructed in phases, each phase
shall be described by a qualified ground water scientist in the license
application submitted prior to the placement of debris in the fill area
relevant to that phase. The configuration of the ground water monitoring well
system at all stages of the facility development shall be described using maps
and a narrative. (1) The ground water
monitoring well system shall include a sufficient number of background and
downgradient monitoring wells, installed at appropriate locations and depths,
to yield ground water samples from the first continuous significant zone of
saturation underlying the facility. (2) All monitoring wells
shall be designed, installed, and developed in a manner that allows the
collection of ground water samples that are representative of ground water
quality in the geologic unit being monitored. The ground water monitoring well
system plan shall contain a drawing with specifications of the typical
construction of any wells not yet constructed. At a minimum, the ground water
monitoring well system plan shall include the following: (a) Monitoring wells shall be cased in a manner that
maintains the integrity of the monitoring well boreholes. (b) The annular space, i.e., the space between the borehole
and the well casing, above the sampling depth shall be sealed to prevent the
contamination of the samples and the ground water. (c) The casing shall be screened or perforated and
surrounded by sand or gravel in such a way that allows for the minimization of
the passage of formation materials into the well. (3) Upon the installation
of ground water monitoring wells, a construction certification report shall be
submitted in accordance with rule 3745-400-08 of the Administrative
Code. (B) Sampling and reporting. Annually, not
later than September thirtieth of each year, the owner or operator of a
licensed facility shall determine the quality of ground water from wells that
are part of the ground water monitoring well system required in paragraph (A)
of this rule. The leachate quality data shall be used to supplement ground
water monitoring data to determine if the leachate could be causing any changes
in the quality of the ground water. These determinations shall be submitted at
least annually to the licensing authority in a report signed by a qualified
ground water scientist. The ground water monitoring determinations and report
do not have to determine the impact of the facility on the quality of the
ground water beneath the facility. The report shall provide the
following: (1) The ground water
quality data required by paragraph (C) of this rule displayed using tables,
tri-linear diagrams, stiff diagrams, time vs. concentration plots or any other
format deemed appropriate by the qualified ground water scientist. The report
shall describe any significant ground water quality changes over time and
differences between up-gradient and down-gradient wells (2) A narrative of the
sampling and analysis procedures used. After the initial report submittal, only
amendments to the already submitted sampling and analysis procedures need to be
submitted with each subsequent report. The sampling and analysis procedures
shall be protective of human health and the environment and shall be designed
to ensure monitoring results that provide an accurate representation of ground
water quality. The narrative of the sampling and analysis procedures shall
include a detailed description of the equipment, procedures, and techniques
used for the following: (a) Measurement of ground water elevations. (b) Collection of ground water samples, including the
following: (i) Well
evacuation. (ii) Sample
withdrawal. (iii) Sample containers
and handling. (iv) Sample
preservation. (c) Performance of field analysis, including the
following: (i) Procedures and forms
for recording raw data and the exact location, time, and facility-specific
conditions associated with the data acquisition. (ii) Calibration of field
devices. (d) Decontamination of equipment. (e) Analysis of ground water samples. (f) Chain of custody control, including the
following: (i) Standardized field
tracking reporting forms to record sample custody in the field prior to and
during shipment. (ii) Sample labels
containing all information necessary for effective sample
tracking. (g) Field and laboratory quality assurance and quality
control, including the following: (i) Collection of
replicate samples. (ii) Submission of
field-bias blanks. (iii) Potential
interferences. (3) The ground water
elevation for the first continuous significant zone of saturation underlying
the facility documented on potentiometric maps. (4) Documentation that
the ground water monitoring well system at the facility continues to meet the
requirements of rule 3745-400-09 of the Administrative Code. (5) Documentation that
the design, and methods of installation, and development, or abandonment of any
monitoring wells, piezometers, and other measurement, sampling, and analytical
devices that have been installed or abandoned since the last
report. (6) Documentation of the
qualifications of the certifying qualified ground water scientist. (C) Ground water monitoring. The owner or
operator shall determine the concentration or value of the parameters listed in
rule 3745-400-21 of the Administrative Code in ground water and those
additional leachate parameters required to be monitored in ground water
pursuant to paragraph (B) of rule 3745-400-20 of the Administrative Code. The
concentration or value of the parameters shall be determined in accordance with
the following schedule: (1) The owner or operator
shall, whenever ground water samples are drawn from a monitoring well, field
analyze the samples for temperature, pH, specific conductance, and
turbidity. (2) The owner or
operator of a facility with a leachate monitoring system as defined in
paragraph (A)(1) of rule 3745-400-20 of the Administrative Code shall do the
following: (a) At least quarterly during the initial year of ground
water monitoring, determine the initial background concentration or value in
ground water samples from all monitoring wells for parameters 16-28 listed in
rule 3745-400-21 of the Administrative Code. (b) During the first quarterly analysis in the initial year
of ground water monitoring, also determine the concentration or value for
parameters 29-74 listed in rule 3745-400-21 of the Administrative
Code. (c) After the initial year, the owner or operator shall at
least annually sample all monitoring wells and analyze the samples for the
parameters 16-28 listed in rule 3745-400-21 of the Administrative Code and
those additional leachate parameters required to be monitored in ground water
by paragraph (B) of rule 3745-400-20 of the Administrative Code. (3) The owner or
operator of a facility without a leachate monitoring system as defined in
paragraph (A)(1) of rule 3745-400-20 of the Administrative Code shall do the
following: (a) At least quarterly during the initial year of ground
water monitoring, determine the initial background concentration or value in
ground water samples from all monitoring wells for parameters 1-74 listed in
rule 3745-400-21 of the Administrative Code. (b) After the initial year, at least annually sample all
monitoring wells and analyze the samples for the parameters required to be
monitored in ground water by paragraph (B) of rule 3745-400-20 of the
Administrative Code. (D) Ground water assessment. The
licensing authority or director may order the owner or operator to conduct a
ground water assessment to determine the concentration of possible
contaminants, and their extent and rate of migration within the ground water if
the licensing authority or director determines that the facility may be
affecting ground water quality. Such a determination shall be supported by
leachate sampling data and the following: (1) The ground water
quality reports from a qualified ground water scientist. (2) Water quality data
from documented leachate releases to seeps, springs, streams or other
receptors. (E) Ground water assessment plan and
implementation. The ground water assessment shall include the submittal and
implementation of a ground water assessment plan prepared by a qualified ground
water scientist to the licensing authority or as required by the orders issued
by the licensing authority or director. (1) The ground water
assessment plan shall include the following sampling and analysis: (a) Sampling of the affected wells and background wells and
analysis of those samples for all leachate or leachate-derived constituents
including those constituents listed in rule 3745-400-21 of the Administrative
Code. (b) Not later than ninety days after sampling the affected
wells and background wells as required by this paragraph, sampling of all other
monitoring wells and analysis of those samples for those leachate or
leachate-derived constituents found to be above background levels in the
affected monitoring wells. (c) Sampling at least annually all monitoring wells
included in the ground water assessment and analysis of those samples for all
the parameters listed in rule 3745-400-21 of the Administrative Code. A
monitoring well shall be considered part of the ground water assessment if it
is needed to determine the concentration of any contaminants, and their extent
and rate of migration within the ground water. (2) The ground water
assessment plan also shall include the following information: (a) A summary of the hydrogeologic conditions at the
facility. (b) A description of the detection monitoring program
implemented by the facility, including the following: (i) The number, location,
depth, and construction of detection monitoring wells with
documentation (ii) A summary of
detection monitoring ground water analytical data (iii) A summary of
statistical analyses previously applied to the data, if any. (c) A detailed description of the investigatory approach to
be followed during the assessment, including but not limited to the
following: (i) The proposed number,
location, depth, installation method, and construction of additional monitoring
wells for assessment purposes. (ii) The proposed methods
for gathering additional hydrogeologic information. (iii) The planned use of
supporting methodology, e.g., soil, gas, or geophysical surveys. (d) A detailed description of the techniques, procedures,
and analytical equipment to be used for ground water sampling during the
assessment, including, but not limited to the items listed in paragraph (B)(2)
of this rule. (e) A detailed description of the data evaluation
procedures to be used, including but not limited to the following: (i) Planned use of
statistical data evaluation. (ii) Planned use of
computer programs or models. (iii) Planned use of
previously gathered information (iv) Criteria which will
be utilized to determine if additional assessment activities are
warranted. (f) A schedule of implementation. (3) All ground water
monitoring wells not included in the ground water assessment shall continue to
be monitored in accordance with paragraph (C) of this rule. (4) The owner or operator
shall make a determination of the concentration of any contaminants, and their
extent and rate of migration within the ground water within the time frame
specified in the submitted ground water assessment plan or within the orders
issued by the licensing authority or director. The owner or operator shall
submit to the licensing authority or as required by the orders issued by the
licensing authority or director, not later than fifteen days after making this
determination, a written ground water assessment report prepared by a qualified
ground water scientist containing an assessment of the ground water quality
including all data generated as part of the implementation of the ground water
assessment plan. If the qualified ground water scientist certifies that the
facility has not impacted the quality of ground water beneath the facility,
then the owner or operator may resume monitoring in accordance with paragraph
(B) of this rule unless ordered by the licensing authority or director to
continue ground water assessment.
Last updated September 9, 2024 at 3:01 PM
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Rule 3745-400-11 | Operation of facilities.
(A) Applicability. The owner or operator shall comply with the requirements and operational criteria specified in this rule until final closure has been completed in accordance with rule 3745-400-12 of the Administrative Code, as specified in this paragraph as follows: (1) For active licensed disposal areas, paragraphs (B)(1) to (B)(17), (C), (D), (E)(1) to (E)(3), (F), (G), (H)(1), and (I) to (S) of this rule. (2) For inactive licensed disposal areas where no debris has been disposed, paragraphs (B), (C), and (Q)(1) of this rule. (3) For inactive licensed disposal areas where debris has been disposed, paragraphs (B), (C), (E), and (N) to (S) of this rule, as applicable. (4) In addition to any applicable provisions of paragraphs (A)(1) to (A)(3) of this rule, for a co-located processing facility, paragraphs (B)(1), (B)(5), (B)(6), (B)(9) to (B)(18), (C), (E), (F)(1), (F)(2), (F)(4), (F)(5), (G) to (M), (Q), and (S)(1) of this rule. (B) Compliance. (1) The owner or operator shall conduct all operations in strict compliance with the license, any orders, and other authorizing documents issued in accordance with Chapter 3714. of the Revised Code. (2) The owner or operator shall dispose of construction and demolition debris only within the active licensed disposal area. (3) The owner or operator shall comply with the applicable construction specifications and performance standards contained in rule 3745-400-07 of the Administrative Code. (4) The owner or operator shall comply with the ground water monitoring requirements contained in rule 3745-400-10 of the Administrative Code. (5) The owner or operator shall comply with the final closure requirements of rule 3745-400-12 of the Administrative Code. (6) The owner or operator shall comply with the financial assurance requirements for final closure contained in rule 3745-400-13 and post-closure care in rule 3745-400-18 of the Administrative Code. (7) The owner or operator shall comply with the construction certification requirements contained in rule 3745-400-07 of the Administrative Code. (8) The owner or operator shall not place debris in any unfilled areas without a liner, if required, and a leachate collection system after December 31, 1998. (9) The owner or operator shall keep a daily log of operations that contains all the information specified on forms prescribed by the director. All entries required by the log form shall be completed. A copy of the log shall be available for inspection by the licensing authority during normal operating hours, for a minimum of five years. When required by the licensing authority, log forms or summaries of daily logs shall be submitted to the licensing authority. The owner or operator may use alternate forms, either in paper or electronic formats, for the daily log of operations, provided that all of the information requested on the prescribed forms is present. (10) The owner or operator shall keep records of all prohibited material, including material removed from the working face in accordance with paragraph (F)(5) of this rule. For prohibited materials removed by the owner or operator, dated records of volumes and destinations for proper disposal shall be kept. For prohibited materials removed by others or for rejected loads, the owner or operator shall list the responsible entity, including companies maintaining transfer containers within the facility boundary for the purpose of collecting prohibited materials. (11) Certified operator. (a) The owner or operator shall submit to the licensing authority the names of each certified operator and ensure that a certified operator is on site or reasonably available each day during operations. The certified operator shall be responsible for the following: (i) Overseeing all operations. (ii) Being thoroughly familiar with proper operating procedures, the terms and conditions of the license, and this rule. (iii) Reviewing and signing the completed daily log for each day of operation. (b) The owner or operator shall update the names of each certified operator as necessary and submit a copy of the updated names to the licensing authority not later than thirty days after a change is made. A copy of each operator certificate shall be kept at the construction and demolition debris facility and made available to the director or the director's authorized representative upon request. (12) Interim operator. In the absence of a certified operator, the owner or operator may designate an interim operator to meet the specifications of paragraph (B)(11) of this rule. (a) The owner or operator that designates an interim operator shall notify the licensing authority in writing not later than ten days after designation of an interim operator. The notification shall contain at a minimum the following: (i) The name, address, and qualifications of the interim operator. (ii) The duration that the owner or operator intends to have an interim operator in place. (iii) An explanation describing the reasons for the replacement of the certified operator with an interim operator. (b) The owner or operator may operate with an interim operator for a period of not more than three hundred sixty-five days. (c) If an interim operator violates any provision of Chapter 3714. of the Revised Code or the rules adopted thereunder, the director may prohibit the interim operator from continuing as an interim operator after conducting an investigation and hearing in accordance with Chapter 119. of the Revised Code or prohibit the interim operator from obtaining certification. (13) The owner or operator shall conduct special monitoring and testing if the licensing authority determines that a substantial threat of pollution to surface water, ground water, or air exists. In such a case, the owner or operator shall prepare a monitoring plan, approved by the licensing authority. [Comment: For facilities with ground water monitoring, the procedure for determining whether a substantial threat to ground water exists is outlined in paragraph (D) of rule 3745-400-10 of the Administrative Code.] (14) The owner or operator shall provide a topographic map of the inactive and active licensed disposal areas of the facility and of the co-located processing facility, if the licensing authority so requests. The topographic map shall represent existing contours and not be required more frequently than annually. (15) The owner or operator shall supply additional control measures if deemed necessary by the licensing authority. (16) The owner or operator shall not cause or allow operations to create a nuisance or health hazard from noise, dust, odors, and the attraction or breeding of birds, insects, rodents, and other vectors. (17) The owner or operator shall not cause water pollution. (18) Additional compliance specifications for a co-located processing facility. The owner or operator shall conduct operations at the co-located processing facility as follows: (a) Within the horizontal limits of construction and demolition debris processing as identified in the effective license. (b) On a working surface constructed and maintained in accordance with paragraph (E)(4) of this rule. (c) Unload incoming loads of debris that will be processed at the co-located processing facility in a designated area, inspect the debris, and remove all prohibited materials as soon as practical. (d) Ensure the total volume of mixed construction and demolition debris at the co-located processing facility at any time does not exceed the maximum volume of mixed construction and demolition debris authorized in the effective license. (e) Ensure the horizontal limits of construction and demolition debris processing at the co-located processing facility does not exceed the maximum dimensions authorized in the effective license. (f) Store mixed C&DD at the co-located processing facility for no longer than eighteen months after acceptance. Nothing prevents Ohio EPA or the approved board of health from requiring the owner or operator to take action to address any mixed C&DD storage condition that Ohio EPA or the approved board of health determines is a nuisance, fire hazard, or health hazard or causing or contributing to air or water pollution. An exceedance of the storage timeframe does not prevent processing as defined in this chapter. (C) Records management. The owner or operator shall retain at the facility during operational hours, the license application which contains the construction and monitoring plans. (D) Debris placement. The owner or operator shall place and maintain markers defining the limits of the active licensed disposal area. Placement of debris into a newly active licensed disposal area shall not occur prior to the following: (1) The owner or operator has submitted the construction certification report for the active licensed disposal area to the licensing authority in accordance with rule 3745-400-08 of the Administrative Code. (2) The owner or operator is prepared for operation with all necessary equipment ready and operational. (3) The licensing authority has inspected the active licensed disposal area. The licensing authority shall inspect the constructed disposal area not later than ten working days after receipt of the construction certification report. [Comment: In any case, the constructed disposal area must be inspected by the licensing authority before placement of debris.] (4) The owner or operator has implemented the ground water monitoring plan in accordance with paragraph (R) of this rule, and the information submitted in the license application required by rule 3745-501-10 and rule 3745-400-09 of the Administrative Code. For the purpose of this rule, implement means to install the ground water monitoring system and commence ground water sampling. (5) The owner or operator has applied for and received all applicable permits and authorizations required by Chapters 3704. and 6111. of the Revised Code. [Comment: Requirements contained in 40 C.F.R. 122 and Chapter 6111. of the Revised Code prohibit point source discharges to waters of the state without first obtaining a "National Pollutant Discharge Elimination System" (NPDES) permit. Application for permits regarding Chapter 6111. of the Revised Code must be requested through the appropriate Ohio EPA district office, division of surface water (DSW), NPDES permit section. Specific issues such as best management practices (BMP) for stormwater runoff control or sedimentation ponds must be discussed with the district staff to determine all required permits.] [Comment: The liner and leachate collection system certification report is not required to be reviewed or approved by the licensing authority prior to debris placement. The capping certification report is required to be reviewed and approved by the licensing authority before funds can be remitted to the owner or operator. The debris placement plan is submitted annually as a part of the license application and is therefore reviewed and approved annually. There is no certification report for the debris placement plan.] (E) Construction. (1) The owner or operator shall maintain the integrity of the engineered components of the facility and repair any damage to or failure of the components. "Engineered components" includes the components described in rule 3745-400-07 of the Administrative Code and components of the ground water monitoring systems installed in accordance with rule 3745-400-10 of the Administrative Code. (2) The owner or operator shall investigate all tests of constructed engineered components which fail to meet the specifications outlined in rule 3745-400-08 of the Administrative Code. An area within a verified failure shall be reconstructed to meet specifications. Reconstructed areas shall be retested. (3) The owner or operator of a facility or co-located processing facility, if applicable, with limits of debris placement or the horizontal limits of construction and demolition debris processing located within five hundred feet of an occupied building which is not owned by the owner or operator shall establish a barrier to minimize visibility of the operations. The owner or operator shall place the barrier on sides with occupied buildings in existence at the time of the initial license application. For the purpose of this rule, an occupied building means any building regularly occupied in whole or in part as a habitation for human beings, or other buildings where people are accustomed to assemble. [Comment: Examples of buildings where people are accustomed to assemble include buildings used for any commercial, social, religious, educational, or charitable purpose, such as churches, schools, and stores. Examples of barriers include trees and shrubs, earthen berms with landscaping, and opaque fences.] (4) The owner or operator shall construct the co-located processing facility in accordance with the design plan specifications contained in rule 3745-400-07 of the Administrative Code and construct and maintain a working surface that supports processing and transferring operations. The working surface may be constructed of concrete, asphalt concrete, gravel, clay, soil, or any other material capable of supporting the weight of all material and equipment placed on the working surface. (F) Waste acceptance and disposal. Prior to acceptance by the facility or the co-located processing facility, debris shall be readily identifiable as construction and demolition debris and shall not have been shredded, pulverized, or otherwise rendered to the extent that the debris is unidentifiable. The owner or operator of the facility shall dispose of only construction and demolition debris, except as specified in this rule. [Comment: Chapter 3714. of the Revised Code defines pulverized debris and prohibits the owner or operator of a facility from accepting the material for disposal. Recovered screen material generated by a processing facility licensed in accordance with Chapter 3745-501 of the Administrative Code may be accepted for disposal.] (1) The owner or operator shall not accept pulverized debris. The owner or operator shall manage and remove pulverized debris in accordance with sections 3714.081 and 3714.083 of the Revised Code. (2) The owner or operator shall not accept any hazardous wastes, infectious wastes, or containerized or bulk liquids. Any such materials shall be removed as soon as practical. If any such prohibited materials are detected in incoming debris, the entire load shall be refused. All incidents concerning these prohibited materials shall be noted in the daily log. [Comment: Radioactive waste is regulated by the Ohio department of health. Owners or operators are subject to their requirements pursuant to applicable state and federal law.] (3) The owner or operator of a facility shall not dispose of any solid wastes except as follows: (a) Packaging which results from the use of construction materials may be disposed if the packaging is incidental to the load. [Comment: A load of packaging materials cannot be disposed of by a construction and demolition debris facility because the packaging is not incidental to the load.] (b) Tree stumps, trunks and clean branches exceeding four inches (twenty-five cm) in diameter may be disposed. For the purpose of this rule, clean branches means those without leaves and smaller branches attached. [Comment: Paragraph (A) of rule 3745-400-03 of the Administrative Code provides that all tree materials removed from clearing a construction site may be disposed by burial on the site of generation. When taken off the site of generation, tree parts smaller than 4 inches in diameter are considered yard waste and shall be disposed in accordance with Chapter 3734. of the Revised Code.] (c) Asbestos materials subject to NESHAP, 40 C.F.R. Part 61, Subpart M, may be disposed of only if the necessary air pollution control permits have been issued. [Comment: An owner or operator licensed, permitted, or otherwise authorized in accordance with Chapter 3714. of the Revised Code may accept solid waste materials if the activity is licensed, permitted, or otherwise authorized separately from the construction and demolition debris disposal facility license issued under Chapter 3714. of the Revised Code. For example, the owner or operator may also conduct a yard waste composting operation or operate a solid waste transfer facility, if so authorized. These separate activities may occur within the facility boundaries if the license acknowledges the additional separate activities. If the separate activities are conducted outside of the construction and demolition debris facility boundaries, then the construction and demolition debris license for the facility is not affected.] [Comment: Prohibited materials that are removed are regulated as solid waste or infectious waste by Chapter 3745-27 of the Administrative Code or as hazardous waste by Chapters 3745-50 to 3745-69 of the Administrative Code. Storage of any prohibited materials where such storage causes a nuisance or health hazard in the judgment of the health commissioner or the director or their authorized representatives shall constitute violation of Chapter 3734. of the Revised Code.] [Comment: Pursuant to section 3734.01 of the Revised Code, materials resulting from mining operations, non-toxic fly ash, non-toxic spent foundry sand, and slag are not solid wastes. A construction and demolition debris facility can accept these materials for disposal once the owner or operator receives the authorization required pursuant to Chapter 6111. (water pollution control) of the Revised Code. The licensing authority may request the materials analysis data required for such authorization.] (4) The owner or operator of a co-located processing facility shall unload incoming debris on a designated area of the working surface and not accept prohibited materials including pulverized debris, hazardous waste, infectious waste, containerized bulk liquids, and asbestos materials subject to NESHAP, 40 C.F.R. Part 61, Subpart M. (5) The owner or operator of the facility shall deposit incoming loads of debris at the designated unloading zone where the debris shall be inspected and prohibited wastes shall be removed, unless the owner or operator has received approval of and has implemented a pre-acceptance debris screening program at the facility. If the owner or operator of the facility is implementing a pre-acceptance debris screening program that has been approved by the licensing authority through the license application, the owner or operator is not required to establish a designated unloading zone. (a) The owner or operator of the facility shall unload the debris in the clearly designated and marked unloading zone separate from the working face. The unloading zone may be temporary and adjacent to the active working face. Upon inspection of the unloaded debris, the owner or operator of the facility shall remove prohibited materials prior to placing the debris on the working face. No prohibited materials are permitted to be disposed at the working face. The owner or operator of the facility shall remove any prohibited material found at the working face. The owner or operator of the facility shall not store mixed C&DD in the unloading zone for longer than the following: (i) For a facility without a licensed co-located processing facility, three business days. (ii) For a facility with a licensed co-located processing facility, five business days. [Comment: Facilities typically operate only one unloading zone adjacent to the working face. A second unloading zone may be operated for a temporary period to ensure safe and efficient operations when transitioning to a new phase or when receiving C&DD that needs to be placed or disposed in the cell for specific engineering purposes for cell construction (e.g., select waste layer, external slopes).] (b) The owner or operator of the facility shall clearly mark the limits of the unloading zone with at least four temporary markers and confine the unloading zone to a size no larger than is necessary to store mixed C&DD, provide safe and efficient operations, and comply with this rule including timeframes set forth in paragraph (F)(5)(a) of this rule. (c) The owner or operator of the facility shall spread and compact the debris on the working face by the end of each working day. When debris is deposited on the working face, the debris shall be spread evenly over the working face and compacted to the smallest practical volume. (d) Cliffing is prohibited. For the purpose of this rule, cliffing is the formation of an edge or cliff by the placement of debris at the working face without compacting. (6) Debris that is burning or at a temperature likely to cause a fire or damage to any component of the facility shall be placed in a separate location at a sufficient distance from the working face and unloading zone to prevent fires from spreading. The owner or operator shall immediately cover the hot or burning debris with sufficient amount of earth or other non-combustible material, or spray the debris with water or other fire suppressant to extinguish or prevent fire. When the debris has cooled, is no longer smoking, and is at a temperature unlikely to cause a fire, the owner or operator shall deposit the extinguished material on the working face. (7) The owner or operator shall attempt to remove all solid wastes from the construction and demolition debris prior to disposal of construction and demolition debris on the working face of the facility as required under section 3714.021 of the Revised Code. (G) Equipment. The owner or operator shall have available at all times adequate equipment for operations at the facility and processing facility located wholly within the facility boundary, as applicable. (H) Fire prevention. The owner or operator shall conduct operations in a manner that prevents fires as follows: (1) For the facility, by doing one of the following: (a) Covering all disposed combustible debris on a weekly basis with soil, clean hard fill, or other material which is noncombustible. For the purpose of this rule, covering means to apply noncombustible material in a manner such that combustible debris is not visible. (b) Preparing and utilizing an alternative fire prevention plan acceptable to the licensing authority. The plan shall include the monthly application of noncombustible cover plus other methods to prevent fires. (2) For a co-located processing facility, prepare, submit to the local fire department, and implement a fire prevention plan that includes the following: (a) Emergency contact information for the co-located processing facility. (b) A copy of the letter sent to the local fire department notifying the fire department of the existence of the co-located processing facility, including delivery receipts. (c) Guidelines for handling debris that is burning or at a temperature likely to cause a fire. (d) Procedures for responding to a fire including notifications, operation of fire equipment, and evacuation routes. (e) Documentation of fire control equipment, material, and services available to be employed immediately upon occurrence of a fire at the co-located processing facility to satisfy the specifications contained in paragraph (M) of this rule. (f) Maintenance schedules and documentation of maintenance performed on fire control equipment. (g) A map showing the location of fire hydrants, other available water sources, and other fire control equipment within the facility boundary. [Comment: Application of noncombustible cover; prevention of open discarding of smoking materials, such as cigarettes and matches, at the facility; and keeping debris moist through leachate recirculation are known methods to prevent fires at facilities.] [Comment: Application of cover means all disposed combustible debris shall be covered at least once during the weekly or monthly schedule.] (I) Access. The owner or operator shall limit access to the facility and co-located processing facility as follows: (1) Limit access to authorized personnel only, except when operating personnel are present during operating hours. (2) Exclude live domestic and live farm animals except those used for security or vector control. (3) Access shall not be denied to the licensing authority and its authorized representatives, who upon proper identification, may enter at reasonable times to determine compliance with Chapter 3714. of the Revised Code and rules adopted thereunder. (4) Maintain access roads to allow passage of loaded vehicles with minimum dust generation or erosion during inclement weather. [Comment: Dust generation is also addressed in Ohio EPA air pollution control permit for fugitive dust.] (5) Employ measures necessary to minimize the incidence of mud, dirt, and dust on public roads before vehicles leave. (6) Post clear instructions for using the facility and the co-located processing facility at the entrance, including a listing of wastes the disposal of which is prohibited as outlined in paragraph (F) of this rule and telephone numbers of emergency personnel including the local fire department, the board of health, and the appropriate district office of Ohio EPA. The instructions shall be readable from vehicles arriving at the entrance. (J) Inclement weather. The owner or operator shall ensure that preparations have been made to receive, spread, and cover debris during inclement weather. Preparations shall include designated areas where debris will be deposited, spread, and covered during inclement weather, all-weather access roads leading to these designated areas, and stockpiles of cover material. (K) Scavenging. No person shall conduct or allow scavenging. For the purpose of this rule, scavenging is the extraction or removal of material by persons unauthorized by the operator. (L) Litter. The owner or operator shall employ all reasonable measures to collect, properly contain, and dispose of scattered litter , including frequent policing of the area and the use of portable wind screens where necessary. (M) Fire control. The owner or operator shall have available at or near the facility and co-located processing facility, if applicable, adequate fire control equipment, material, and services to control fire and explosion. The owner or operator shall act immediately to control or extinguish any fire. (N) Cap system. The owner or operator shall construct the cap system as specified in paragraph (G) of rule 3745-400-07 of the Administrative Code. (O) Leachate outbreaks. If there is an outbreak of leachate at the surface, the owner or operator shall do all of the following: (1) Contain the leachate. (2) Manage and dispose the leachate in accordance with applicable regulations. (3) Repair the outbreak. (P) Leachate system management. The owner or operator shall operate and maintain the leachate collection system as follows: (1) The owner or operator shall operate the leachate collection system to maintain no more than one foot of head anywhere on the in situ or added geologic material or constructed liner, with the exception of the sump areas. (2) The owner or operator shall maintain the leachate collection system in such a manner as to prevent blockage or clogging that could impede the proper collection of leachate. If a collection pipe network is utilized in the leachate management system, the owner or operator shall inspect it to verify no crushing or clogging exists after placement of the first lift of debris and annually thereafter. (3) The owner or operator shall manage and dispose of leachate in accordance with applicable regulations. [Comment: Leachate recirculation is allowed if approved by the licensing authority.] (Q) Surface and ground water management. The owner or operator shall control surface and ground water in the following manner: (1) The owner or operator shall divert surface and ground water from the active and inactive licensed disposal areas of the facility and from the co-located processing facility by non-mechanical means. The owner or operator shall not divert surface water under, over, or through the following: (a) Disposal areas of the facility. (b) Processing or staging areas of a co-located processing facility, unless otherwise provided in the approved design plan prepared in accordance with rule 3745-400-07 of the Administrative Code. [Comment: Diversion of streams may require authorization from the army corps of engineers or the Ohio environmental protection agency pursuant to 33 U.S.C.S. 1341 and 33 U.S.C.S. 1344.] (2) The owner or operator shall grade the facility and provide drainage systems to ensure minimal infiltration of water through the cover material and cap system as well as erosion of the cover material and cap system. (3) If ponding or erosion occurs in active or inactive licensed disposal areas, the owner or operator shall correct the conditions causing the ponding or erosion. (4) If silting or scouring occurs in surface water structures, the owner or operator shall correct the conditions causing the silting or scouring and shall repair the surface water drainage structures. (5) If a substantial threat of surface water pollution exists, the licensing authority may require monitoring of surface water. (R) Ground water monitoring and leachate sampling and analysis. The owner or operator shall do the following: (1) Conduct leachate sampling and analysis in accordance with rule 3745-400-20 of the Administrative Code. (2) Maintain and operate the monitoring wells, piezometers and other measurement, sampling and analytical devices to perform to the design specifications in accordance with the ground water monitoring program required by rule 3745-400-10 of the Administrative Code throughout the life of the ground water monitoring program. (3) Implement the ground water monitoring program in accordance with rule 3745-400-10 of the Administrative Code. (S) Financial assurance. (1) The owner or operator shall establish and maintain financial assurance for final closure as required by rule 3745-400-13 of the Administrative Code. (2) The owner or operator shall establish and maintain financial assurance for post-closure care as required by rule 3745-400-18 of the Administrative Code.
Last updated July 5, 2022 at 10:38 AM
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Rule 3745-400-12 | Final closure of facilities.
(A) The owner or operator shall complete closure in a manner that reasonably accomplishes the following: (1) Minimizes the need for maintenance. (2) Prevents the failure of final slopes. (3) Protects public health and safety and the environment. (4) Does not create a nuisance or fire hazard. (5) Does not cause or contribute to air or water pollution. (6) Minimizes erosion; infiltration of surface water; production of leachate; production of hydrogen sulfide, other gases, and odors; and accumulation and runoff of contaminated surface water. (B) Mandatory closure. Final closure is mandatory when one or more of the following apply: (1) The owner or operator declares in writing to the licensing authority that debris will no longer be accepted. (2) The issued license has expired and a renewal license has not been applied for in the manner prescribed in Chapter 3745-501 of the Administrative Code. (3) All approved limits of debris placement and approved final elevations have been reached. (4) The owner or operator has submitted an initial license application and the license application has been denied as a final action of the licensing authority. (5) The issued license has expired and another license has been applied for and denied as a final action of the licensing authority. (6) The issued license has been revoked as a final action of the licensing authority. (7) For a co-located processing facility, the owner or operator declares in writing to the licensing authority that debris will no longer be accepted for processing. Such notice shall trigger only the closure activities outlined in paragraph (F) of this rule. (C) Notification of anticipated date to cease acceptance of debris. The owner or operator shall provide to the licensing authority written notice of the intent and anticipated date of ceasing acceptance of debris at a facility or co-located processing facility not later than ninety days prior to the anticipated date to cease acceptance of debris if final closure is or will be triggered by any of the following occurrences: (1) Paragraph (B)(1) of this rule. (2) Paragraph (B)(2) of this rule. (3) Paragraph (B)(3) of this rule. (4) Paragraph (B)(7) of this rule. (D) Timing of final closure. If mandatory closure is triggered in accordance with paragraph (B) of this rule, the owner or operator shall cease acceptance of debris and perform final closure activities outlined in paragraphs (E) and (F) of this rule, as applicable. [Comment: The licensing authority may utilize authority under section 3714.04 of the Revised Code should a time extension for completion of final closure be determined appropriate.] [Comment: An owner or operator must maintain a license for an inactive facility not intended to be closed.] [Comment: Pursuant to rule 3745-400-13 of the Administrative Code, financial assurance funds will be released in accordance with rule 3745-400-13 of the Administrative Code when construction of an engineered component identified in the final closure cost estimate is certified in accordance with rule 3745-400-08 of the Administrative Code, and is approved by the licensing authority.] (E) Facility final closure activities. The owner or operator shall complete the final closure activities as follows: (1) Comply with paragraphs (I), (K), and (M) to (S) of rule 3745-400-11 of the Administrative Code during final closure, as applicable. (2) Comply with the disclosure requirements in section 3714.052 of the Revised Code when employing a new key employee. (3) Prior to or on the date that acceptance of material for disposal ceased, but not later than ninety days after final closure becomes mandatory, permanently cease leachate recirculation if leachate is being recirculated. (4) Not later than seven days after ceasing to accept debris for disposal, provide written notification to the licensing authority of the date the facility ceased to accept debris. (5) Not later than seven days after ceasing to accept debris for disposal, block, by locked gates, fencing, or other sturdy obstacles, all entrances and access roads to the facility to prevent unauthorized access during the final closure period, unless the facility is to be used for other purposes which are indicated in writing to the licensing authority. (6) Not later than thirty days after ceasing to accept debris for disposal, post signs, easily visible from all access roads leading onto the facility, stating in letters at least three inches high that the construction and demolition debris facility is closed and no longer accepts construction and demolition debris. The signs shall be maintained in legible condition until final closure of the facility is complete. (7) Not later than sixty days after ceasing to accept debris for disposal, cover all uncapped disposal areas with at least six inches of recompacted soil and grade this soil to prevent ponding of water. This soil layer may be considered a part of the cap system specified in paragraphs (D) and (E) of rule 3745-400-07 of the Administrative Code. (8) Construction of cap system. (a) Not later than one year after ceasing to accept debris for disposal, complete construction of a cap system consistent with the details of the approved final cap design plan and paragraphs (D) and (E) of rule 3745-400-07 of the Administrative Code over all areas of debris placement not previously certified in accordance with rule 3745-400-08 of the Administrative Code with the exception of the attainment of complete and dense vegetative cover specified in paragraph (G)(2)(a)(iii) or (G)(2)(b)(ii) of rule 3745-400-07 of the Administrative Code. The owner or operator shall complete seeding to establish vegetative cover prior to submittal of the final closure certification report. (b) If the owner or operator of a facility appeals the final denial or final revocation of a construction and demolition debris facility license to the environmental review appeals commission in accordance with section 3745.04 of the Revised Code, and the environmental review appeals commission grants a de novo hearing with respect to the appeal in accordance with section 3745.05 of the Revised Code, the owner or operator may elect to postpone the construction of a cap system if all of the following occur: (i) The owner or operator maintains compliance with all applicable financial assurance requirements. (ii) The owner or operator is in compliance with all other applicable final closure requirements specified in this rule. (iii) The facility is not the subject of an emergency order mandating the capping or placement of cover over the facility issued pursuant to division (B) of section 3714.12 of the Revised Code. (iv) A court of competent jurisdiction has not ordered the facility to cease acceptance of debris or to commence final closure activities. (v) Postponement of construction of the cap system will not create a nuisance, fire hazard, or cause or contribute to air or water pollution. (vi) The owner or operator has undertaken a continuing program of cap construction or has entered into a binding contractual obligation to complete construction of a cap system not later than one hundred eighty days after the entry of the commission's decision affirming the final action. (c) Not later than ten days after the environmental review appeals commission grants a de novo hearing, the owner or operator shall submit a written notice to the licensing authority and the director that states the construction of the cap system will be postponed and includes an affidavit certifying that the specifications of paragraph (E)(8)(b) of this rule are met. (d) Postponement of the construction of the cap system in accordance with this rule shall automatically terminate upon the occurrence of any of the following: (i) Failure of the owner or operator to comply with this rule. (ii) The dismissal of the appeal by the environmental review appeals commission. (iii) The issuance of an order by the environmental review appeals commission affirming the denial or revocation of the license. (e) Not later than one hundred eighty days after postponement of the construction of the cap system is terminated in accordance with paragraph (E)(8)(d) of this rule, the owner or operator shall complete construction of a cap system as specified in rule 3745-400-07 of the Administrative Code. (9) File with the appropriate county recorder a plat of the facility and information describing the acreage, exact location, depth, volume, and nature of the placed debris. (10) Record a notation on the deed to the facility property or on another instrument that is examined during title search, alerting in perpetuity any potential purchaser of the property that the land has been used as a construction and demolition debris facility. The notation shall include information describing the acreage, exact location, depth, volume and nature of the placed debris. (11) Not later than each anniversary of ceasing to accept debris for disposal, annually submit updated final closure and post-closure care financial assurance documentation prepared in accordance with rules 3745-400-13 and 3745-400-18 of the Administrative Code using forms prescribed by the director. The cost estimates shall be revised to account for any changes at the facility and at a minimum be adjusted for inflation. The adjustment shall be made using the preceding February inflation factor derived from the annual implicit price deflator for gross domestic product as published by the United States department of commerce. (12) Retain all authorizing documents and completed daily logs of operations at a location acceptable to the licensing authority where the documents are available for inspection by Ohio EPA or the approved board of health during normal business hours. (13) Maintain all records and reports generated during final closure at a location acceptable to the licensing authority where the documents are available for inspection by Ohio EPA or the approved board of health during normal business hours. (F) For a co-located processing facility, the owner or operator shall complete final closure activities as follows: (1) Not later than ninety days after the date final closure is triggered, clean all debris handling equipment, working surfaces, and areas within the co-located processing facility boundary including but not limited to the following: (a) Removing all construction and demolition debris and prohibited materials from the co-located processing facility and lawfully managing the construction and demolition debris and prohibited materials. (b) Employing other procedures that reduce or eliminate contaminants that were derived from contact with construction and demolition debris, all areas within the processing facility boundary and appurtenances including but not limited to containers, equipment, machines, floors, and working surfaces. (2) Not later than thirty days after all construction and demolition debris has been removed from the co-located processing facility, dismantle surface water drainage and sediment control structures associated with the co-located processing facility. (3) Not later than ten days after completing final closure of the co-located processing facility, submit to the licensing authority a written closure certification report, signed and certified in accordance with rule 3745-500-50 of the Administrative Code, verifying that closure has been completed in accordance with this rule. [Comment: Records required by paragraphs (E)(12) and (E)(13) of this rule shall be kept throughout the post-closure care period in accordance with rule 3745-400-16 of the Administrative Code.] (G) Monitoring and reporting. All monitoring and reporting activities the operating life of the facility shall be continued during the final closure period. (H) Completion. Final closure of the facility shall be deemed complete upon the licensing authority's written concurrence with the final closure certification report, required by paragraph (D) of rule 3745-400-08 of the Administrative Code. If required by rule 3745-400-16 of the Administrative Code, post-closure care of the facility shall begin when final closure has been deemed complete. Final closure of a co-located processing facility shall be deemed complete upon the licensing authority's concurrence with the final closure certification report submitted in accordance with paragraph (F)(3) of this rule. The licensing authority shall make a determination on concurrence not later than ninety days after receipt of the final closure certification report. (I) Entry for inspection. The licensing authority, or the director, upon proper identification, may enter at reasonable times during the final closure period for the purpose of determining compliance with this rule. (J) Continuance of co-located processing facility operations. (1) The owner or operator of a co-located processing facility for which mandatory closure has been triggered in accordance with paragraph (B)(1) or (B)(3) of this rule may request to continue operating the processing facility by submitting to the licensing authority written notice of intent to continue operating not later than fourteen days after triggering closure. (2) After submitting the notice in accordance with paragraph (K)(1) of this rule, but not later than one hundred eighty days after triggering mandatory closure in accordance with paragraph (B)(1) or (B)(3) of this rule, the owner or operator shall submit to the permitting authority a permit application in accordance with rule 3745-400-50 of the Administrative Code. (3) The owner or operator seeking to continue operating pursuant to paragraph (K)(1) of this rule shall comply with rule 3745-400-11 of the Administrative Code until one of the following occurs: (a) A processing facility permit to install is issued by the permitting authority. (b) Final closure of the co-located processing facility is completed in accordance with this rule. (4) The owner or operator shall commence and complete closure of a co-located processing facility in accordance with this rule if the permit application required by paragraph (K)(2) of this rule is not timely submitted or is denied as a final action of the permitting authority.
Last updated July 5, 2022 at 10:38 AM
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Rule 3745-400-13 | Financial assurance for construction and demolition debris facility and construction and demolition debris processing facility final closure.
[Comment: Financial assurance for construction and demolition debris facilities includes financial assurance for final closure as required by this rule and financial assurance for post-closure care as required by rule 3745-400-18 of the Administrative Code.] (A) Financial assurance procedures. (1) Construction and demolition debris facility and co-located processing facility. The owner or operator of a construction and demolition debris facility shall establish and maintain financial assurance for final closure of the facility and a co-located processing facility, if applicable, as required by paragraph (S) of rule 3745-400-11 of the Administrative Code. Financial assurance may be established and maintained through the use of one of the options specified in paragraphs (B) to (F) of this rule, unless it is demonstrated to the satisfaction of the director or health commissioner of the licensing authority that an alternate option will guarantee funding for final closure. The owner or operator may use the options in combination as specified in paragraph (G) of this rule. Financial assurance documentation shall be submitted and include the information specified in this paragraph and in rule 3745-400-18 of the Administrative Code. [Comment: Because many local health departments had construction and demolition rules in place prior to September 30, 1996, many existing facilities may have financial assurance mechanisms already established. These mechanisms may be acceptable alternatives to the mechanisms outlined in this rule.] (a) Final closure cost estimate. Financial assurance documentation shall include a final closure cost estimate that calculates the cost of conducting final closure activities in accordance with rule 3745-400-12 of the Administrative Code and includes the following, as applicable: (i) Construction and demolition debris facility. An itemized written closure cost estimate calculated in current dollars and based upon a third party conducting all of the final closure activities as specified in rule 3745-400-12 of the Administrative Code for the construction and demolition debris facility. The amount of the final closure cost estimate shall not be less than thirteen thousand dollars per acre to the nearest tenth of an acre as established in the license application for the construction and demolition debris facility for areas that have been or are being used for disposal. (ii) Co-located processing facility. A fixed per cubic yard closure cost estimate for the co-located processing facility, calculated as follows: (a) If the owner or operator demonstrates annually in the license application that the facility has sufficient constructed and certified airspace to dispose of the maximum volume of mixed C&DD specified in the facility design plan, by multiplying the maximum volume of mixed C&DD as follows: (i) For mixed C&DD located within the active licensed disposal area, four dollars and twenty-five cents. (ii) For mixed C&DD located outside of the active licensed disposal area but within the facility boundary, eight dollars and twenty-five cents. (b) If the owner or operator cannot demonstrate annually in the license application that the facility has sufficient constructed and certified airspace to dispose of the maximum volume of mixed C&DD specified in the facility design plan, by multiplying the maximum volume of mixed construction and demolition debris by thirty-five dollars. (c) Paragraphs (A)(1)(a)(ii)(a) and (A)(1)(a)(ii)(b) of this rule do not apply to the owner or operator of a co-located processing facility with a final closure cost estimate equal to five thousand five hundred dollars or less. (b) Amount and funding of financial assurance. Final closure financial assurance shall be funded in an amount not less than the final closure cost estimate calculated in accordance with paragraph (A)(1)(a) of this rule. If the funded financial assurance is less than the final closure cost estimate authorized in the license, the owner or operator shall fund an amount not less than the final closure cost estimate not later than thirty days after license issuance. If a portion of the increase in the final closure cost estimate is due to the addition of active licensed disposal area for which a construction certification report has not been submitted in accordance with rule 3745-400-08 of the Administrative Code, the owner or operator may delay funding that portion of the final closure cost estimate necessary to close that uncertified active licensed disposal area until the date of submittal of the construction certification report. The owner or operator shall use any single or combination of financial assurance instruments as specified in paragraphs (B) to (G) of this rule. (c) Review of the final closure financial assurance. (i) The final closure cost estimate shall be recalculated in accordance with paragraph (A)(1)(a) of this rule for each renewal of the annual license application and each application for a modification. (a) The final closure cost estimate shall be recalculated if there is a change in the location or an increase in the acreage of the active licensed disposal area established in the facility's most recent issued license or if there is an increase in the maximum volume of mixed C&DD authorized to be at the co-located processing facility. (b) If there is no change in the location and no increase in the acreage of the active licensed disposal area established in the facility's most recent issued license, and no increase in the maximum volume of mixed C&DD specified in the facility design plan, the owner or operator may as an alternative to recalculating the final closure cost estimate, adjust the final closure cost estimate established in the facility's most recent issued license for inflation as provided in paragraph (A)(1)(c)(ii) of this rule. (ii) Adjustment of the final closure cost estimate for inflation. The adjustment shall be made as specified in this paragraph and paragraphs (A)(1)(c)(2)(a) and (A)(1)(c)(2)(b) of this rule, using the preceding February inflation factor derived from the annual implicit price deflator for gross domestic product as published by the United States department of commerce. The inflation factor is the result of dividing the latest published annual deflator by the deflator for the previous year. (a) The first adjustment is made by multiplying the final closure cost estimate by the inflation factor. The result is the adjusted final closure cost estimate. (b) Subsequent adjustments are made by multiplying the most recently adjusted final closure cost estimate by the most recent inflation factor. (iii) The amount of financial assurance shall not be less than the recalculated final closure cost estimate for each renewal of the annual license application and each application for a modification. The financial assurance provided in a current unexpired license may be utilized to fulfill the financial assurance requirements of an annual license application or a modification if the dollar amount of the financial assurance is equal to or greater than the license application's calculated amount as specified in paragraph (A)(1)(a) of this rule. (d) Final closure financial assurance documentation. Final closure financial assurance documentation shall include the original copy of the financial assurance instruments necessary to achieve compliance with the financial assurance provisions of this rule. The wording contained in the instruments shall be in accordance with the appropriate paragraph of rule 3745-400-14 of the Administrative Code, unless either of the following are applicable: (i) A financial assurance instrument that has been established prior to August 1, 2012 is being utilized pursuant to paragraph (A)(1)(c)(iii) of this rule. (ii) An option other than those specified in paragraphs (B) to (F) of this rule is proposed. (e) Notice of deficiency. The licensing authority shall notify the license applicant of deficiencies with the final closure cost estimate and final closure financial assurance documentation not later than thirty days after licensing authority receipt of the license application. Such notification shall identify any adjustment in the amount of final closure financial assurance being considered by the licensing authority. The owner or operator may demonstrate that the final closure cost estimate for the facility is based upon a third party conducting all of the final closure activities as required by rule 3745-400-12 of the Administrative Code by submitting one of the following: (i) Three separate cost quotes from three independent entities that are each valid for the applicable license year. (ii) Invoices for specified services incurred by the owner or operator at the facility over the previous license year, accompanied by documentation that the entity will continue to offer the service at the same cost for the applicable license year. (iii) Other documentation acceptable to the director or health commissioner of the licensing authority. [Comment: Various aids are available to assist owners and operators in the development of financial assurance cost estimates through the Ohio EPA web page or by contacting Ohio EPA. Aides include but are not limited to recorded training on C&DD facility cost estimation, the "Financial Assurance Cost Estimation (FACE) spreadsheet," and "Financial Assurance FAQ's for Ohio C&DD Facilities."] The director or health commissioner of the licensing authority may adjust the amount of financial assurance in conjunction with the issuance of the annual license provided the director or health commissioner of the licensing authority identifies the deficiencies in the itemized final closure cost estimate and provides an explanation of the rationale for financial assurance exceeding thirteen thousand dollars per acre. The rationale may include information provided to or obtained by Ohio EPA or a local board of health. (f) Release of funds. (i) Release of funds prior to final closure certification. The owner or operator, or any other person authorized to perform final closure on behalf of the owner or operator, may request and receive authorization for reimbursement from or a reduction of the financial assurance required under this rule when the director or health commissioner of the licensing authority has provided written approval of the construction certification report for engineered components of the cap system required in paragraph (A)(3) of rule 3745-400-08 of the Administrative Code. The amount of financial assurance remaining shall not be less than the final closure cost estimate recalculated in accordance with paragraph (A)(1)(a) of this rule. A request for reimbursement from or a reduction of financial assurance shall be submitted to the licensing authority and include the following: (a) A copy of the director or health commissioner of the licensing authority's written approval with the construction certification report for engineered components of the cap system required in paragraph (A)(3) of rule 3745-400-08 of the Administrative Code. (b) The amount of reimbursement or reduction of the financial assurance calculated based upon the unit cost of the completed engineered components contained in the current approved final closure cost estimate, or the total acreage of the certified cap system, to the nearest tenth of an acre. (c) A final closure cost estimate recalculated in accordance with paragraph (A)(1)(a) of this rule. (d) A comparison of the revised final closure cost estimate to the amount of financial assurance remaining if the requested amount of reimbursement or reduction of the financial assurance is released or reduced. (ii) Release of funds after final closure certification. The owner or operator, or any other person authorized to perform final closure on behalf of the owner or operator, may request and receive authorization for reimbursement of all remaining funds or termination of the financial assurance required under this rule only after final closure of the facility and co-located processing facility is deemed complete in accordance with paragraph (G) of rule 3745-400-12 of the Administrative Code. (iii) The licensing authority shall make a determination not later than ninety days after receipt of a complete request. (2) Construction and demolition debris processing facility. The owner or operator of a construction and demolition debris processing facility that does not meet the description contained in paragraph (B) of rule 3745-400-02 of the Administrative Code shall follow the procedures contained in rule 3745-400-56 of the Administrative Code. (B) Final closure trust fund. (1) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility may satisfy the requirements of this rule or rule 3745-400-56 of the Administrative Code, as applicable, by establishing a final closure trust fund that conforms to the requirements of paragraphs (B)(1) to (B)(4) of this rule and by sending an originally signed duplicate of the trust agreement to the director or health commissioner of the licensing authority. The trustee shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. (2) The wording of the trust agreement shall be identical to the wording specified in paragraph (A)(1) of rule 3745-400-14 of the Administrative Code and the trust agreement shall be accompanied by a formal certification of acknowledgment except for a trust agreement established prior to August 1, 2012 that is being utilized pursuant to paragraph (A)(1)(c)(iii) of this rule. (3) The total dollar amount of the trust fund shall be funded by the owner or operator of a construction and demolition debris facility not later than thirty days after the date of license issuance unless the owner or operator of a construction and demolition debris facility is delaying funding only of that portion of the final closure cost estimate necessary to close that uncertified active licensed disposal area in accordance with paragraph (A)(1)(b) of this rule. The owner or operator shall submit to the licensing authority a receipt from the trustee for the deposit made into the trust fund. The total dollar amount of the trust fund shall be funded by the owner or operator of a construction and demolition debris processing facility prior to issuance of a license. (4) If the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility establishes a final closure trust fund to replace one or more alternative mechanisms specified in this rule, the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility shall fund the trust in an amount sufficient to ensure that any combination of financial assurance mechanisms provide a total amount at least equal to the final closure cost estimate. (5) The owner or operator of a construction and demolition debris facility, or any other person authorized to perform final closure, may request release of funds for final closure expenditures in accordance with paragraph (A)(1)(f) of this rule. The director or health commissioner of the licensing authority shall calculate in accordance with paragraph (A)(1)(f) of this rule the amount to be released and instruct the trustee, in writing, to make such release. (6) The director or health commissioner of the licensing authority shall agree to termination of the trust when either of the following occur: (a) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility substitutes alternative financial assurance for final closure as specified in this rule or rule 3745-400-56 of the Administrative Code, as applicable. (b) The director or health commissioner of the licensing authority notifies the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility that the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility is no longer required to maintain financial assurance for final closure. (C) Surety bond guaranteeing payment into a final closure trust fund. (1) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility may satisfy the requirements of this rule or rule 3745-400-56 of the Administrative Code, as applicable, by obtaining a surety bond that conforms to the requirements of paragraphs (C)(1) to (C)(7) of this rule and by submitting the originally signed surety bond to the director or health commissioner of the licensing authority. The surety company issuing the bond shall at a minimum be among those listed as acceptable sureties on federal bonds in the most recent listing of approved sureties as published by the U.S. department of the treasury. (2) The wording of the surety bond shall be identical to the wording specified in paragraph (B) of rule 3745-400-14 of the Administrative Code except for a surety bond obtained prior to August 1, 2012 that is being utilized pursuant to paragraph (A)(1)(c)(iii) of this rule. (3) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund not later than the date the bond is obtained. Under the terms of the surety bond, all payments made thereunder shall be deposited by the surety bond company directly into the standby trust fund in accordance with instructions from the director or health commissioner of the licensing authority. This standby trust fund shall meet the requirements specified in paragraph (B) of this rule, except as follows: (a) An originally signed duplicate of the trust agreement and the surety bond shall be submitted to the director or health commissioner of the licensing authority. (b) Until the standby trust fund is funded, pursuant to the requirements of this rule, payments into the trust fund as specified in paragraph (B) of this rule are not required. [Comment: When the Ohio environmental protection agency is the licensing authority, the standby trust fund must be established to hold the funds from the bond for final closure. When a health district is the licensing authority, other financial mechanisms may be possible to hold the funds from the bond for final closure.] (4) The surety bond shall guarantee that the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility will do one of the following: (a) Fund the standby trust fund in an amount equal to the penal sum of the surety bond before the beginning of the construction and demolition debris facility or construction and demolition debris processing facility final closure. (b) Fund the standby trust fund in an amount equal to the penal sum of the surety bond not later than fifteen days after a mandatory final closure in accordance with paragraph (B) of rule 3745-400-12 of the Administrative Code or paragraph (A) of rule 3745-400-60 of the Administrative Code, as applicable. (c) Provide alternative financial assurance as specified in this rule, and obtain the director or health commissioner of the licensing authority's written approval of the alternative financial assurance provided, not later than ninety days after the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and health commissioner of the licensing authority receive notice of cancellation of the surety bond from the surety bond company. (5) Under the terms of the surety bond, the surety bond company shall become liable on the bond obligation when the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility fails to perform as guaranteed by the bond. (6) Except as provided in paragraph (G) of this rule, the penal sum of the surety bond shall be in an amount at least equal to the final closure cost estimate determined in accordance with paragraph (A) of this rule or rule 3745-400-56 of the Administrative Code, as applicable. (7) Under the terms of the surety bond, the surety bond shall remain in full force and effect unless the surety bond company sends written notice of cancellation by certified mail or other form of mail accompanied by a receipt to the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and the health commissioner of the licensing authority. Cancellation shall not occur, however, during the one hundred twenty day period beginning on the first day that the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and the health commissioner of the licensing authority have received the notice of cancellation, as evidenced by the return receipts. (8) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility may cancel the surety bond if the director or health commissioner of the licensing authority has given prior written consent. The director or health commissioner of the licensing authority shall provide such written consent when one of the following occurs: (a) The owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility substitutes alternative financial assurance for final closure as specified in this rule or rule 3745-400-56 of the Administrative Code, as applicable. (b) The director or health commissioner of the licensing authority notifies the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility that the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility is no longer required to maintain financial assurance for final closure of the construction and demolition debris facility or construction and demolition debris processing facility. (D) Surety bond guaranteeing performance of final closure. (1) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility may satisfy the requirements of this rule or rule 3745-400-56 of the Administrative Code, as applicable, by obtaining a surety bond that conforms to the requirements of this rule and by delivering the originally signed surety bond to the director or health commissioner of the licensing authority. The surety bond company issuing the surety bond shall at a minimum be among those listed as acceptable sureties on federal bonds in the most recent listing of approved sureties as published by the U.S. department of the treasury. (2) The wording of the surety bond shall be identical to the wording specified in paragraph (C) of rule 3745-400-14 of the Administrative Code except for a surety bond obtained prior to August 1, 2012 that is being utilized pursuant to paragraph (A)(1)(c)(iii) of this rule. (3) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund not later than the date the surety bond is obtained. Under the terms of the surety bond, all payments made thereunder shall be deposited by the surety bond company directly into the standby trust fund in accordance with instructions from the director or health commissioner of the licensing authority. This standby trust fund shall meet the requirements specified in paragraph (B) of this rule except as follows: (a) An originally signed duplicate of the trust agreement and the surety bond shall be submitted to the director or health commissioner of the licensing authority. (b) Until the standby trust fund is funded, pursuant to the requirements of this rule, a deposit into the trust fund as specified in paragraph (B) of this rule are not required. (4) The surety bond shall guarantee that the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility will do one of the following: (a) Perform final closure in accordance with this chapter, Chapter 3745-501 of the Administrative Code, and any other requirements of the license. (b) Provide alternative financial assurance as specified in this rule or rule 3745-400-56 of the Administrative Code, as applicable, and obtain the director or health commissioner of the licensing authority's written approval of the alternate financial assurance provided, not later than ninety days after the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and the health commissioner of the licensing authority receive notice of cancellation of the bond from the surety as evidenced by the return receipts. (5) Under the terms of the surety bond, the surety bond company shall become liable on the surety bond obligation when the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility fails to perform as guaranteed by the surety bond. Following a determination by the director or health commissioner of the licensing authority, as applicable, that the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility has failed to perform final closure activities in accordance with this chapter and the license requirements, the surety shall perform final closure in accordance with rule 3745-400-12 or rule 3745-400-60 of the Administrative Code, as applicable, and the license requirements, or will deposit the amount of the penal sum into the standby trust fund. (6) The penal sum of the surety bond shall be in an amount at least equal to the final closure cost estimate determined in accordance with paragraph (A) of this rule or rule 3745-400-56 of the Administrative Code, as applicable. (7) Under the terms of the surety bond, the surety bond shall remain in full force and effect unless the surety bond company sends written notice of cancellation by certified mail or other form of mail accompanied by a receipt to the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and the health commissioner of the licensing authority. Cancellation shall not occur, however, during the one hundred twenty day period beginning on the first day that the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and the health commissioner of the licensing authority have received the notice of cancellation as evidenced by the return receipts. (8) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility may cancel the surety bond if the director or health commissioner of the licensing authority has given prior written approval. The director or health commissioner of the licensing authority shall provide such written approval when one of the following occurs: (a) The owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility substitutes alternative financial assurance for final closure as specified in this rule or rule 3745-400-56 of the Administrative Code, as applicable. (b) The director or health commissioner of the licensing authority notifies the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility that the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility is no longer required to maintain financial assurance for final closure of the construction and demolition debris facility or construction and demolition debris processing facility. (9) The surety bond company shall not be liable for deficiencies in the completion of final closure activities by the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility after the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility has been notified by the director or health commissioner of the licensing authority that the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility is no longer required to maintain financial assurance for final closure of the construction and demolition debris facility or construction and demolition debris processing facility. (E) Final closure letter of credit. (1) The owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility may satisfy the requirements of this rule or rule 3745-400-56 of the Administrative Code, as applicable, by obtaining an irrevocable standby letter of credit that conforms to the requirements of paragraphs (E)(1) to (E)(6) of this rule and by having the originally signed letter of credit delivered to the director or health commissioner of the licensing authority. The issuing institution shall be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency. (2) The wording of the letter of credit shall be identical to the wording specified in paragraph (D) of rule 3745-400-14 of the Administrative Code except for a letter of credit obtained prior to August 1, 2012 that is being utilized pursuant to paragraph (A)(1)(c)(iii) of this rule. (3) An owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility who uses a letter of credit to satisfy the requirements of this rule or rule 3745-400-56 of the Administrative Code, as applicable, shall also establish a standby trust fund not later than the date the letter of credit is obtained. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the director or health commissioner of the licensing authority shall be deposited and directly by the issuing institution into the standby trust fund in accordance with instructions from the director or health commissioner of the licensing authority. The standby trust fund shall meet the requirements of the trust fund specified in paragraph (B) of this rule, except as follows: (a) An originally signed duplicate of the trust agreement and the letter of credit shall be submitted to the director or health commissioner of the licensing authority. (b) Until the standby trust fund is funded, pursuant to the requirements of this rule, a deposit into the trust fund as specified in paragraph (B) of this rule is not required. (4) The letter of credit shall be accompanied by a letter from the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility referring to the letter of credit by number, issuing institution, and date, and providing the following information: the names and addresses of the construction and demolition debris facility or construction and demolition debris processing facility, the names and addresses of the owner or operator of the construction and demolition debris facility or the construction and demolition debris processing facility, and the amount of funds assured for final closure by the letter of credit. (5) The letter of credit shall be irrevocable and issued for a period of at least one year. The letter of credit shall provide that the expiration date shall be automatically extended for a period of at least one year unless, at least one hundred twenty days prior to the current expiration date, the issuing institution notifies the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and the health commissioner of the licensing authority by certified mail or other form of mail accompanied by a receipt of a decision not to extend the expiration date. Under the terms of the letter of credit, the one hundred twenty day period shall begin on the day when the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and the health commissioner of the licensing authority have received the notice, as evidenced by the return receipts. (6) Except as provided in paragraph (G) of this rule, the letter of credit shall be issued in an amount at least equal to the final closure cost estimate determined in accordance with paragraph (A) of this rule or rule 3745-400-56 of the Administrative Code, as applicable. (7) Following a determination by the director or health commissioner of the licensing authority that the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility has, when required to do so, failed to perform final closure activities in accordance with rule 3745-400-12 of the Administrative Code or rule 3745-400-60 of the Administrative Code, as applicable, and the license requirements, the director or health commissioner of the licensing authority may draw on the letter of credit. (8) If the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility does not establish alternative financial assurance as specified in this rule or rule 3745-400-56 of the Administrative Code, as applicable, and obtain written approval of such alternative financial assurance from the director or health commissioner of the licensing authority not later than ninety days after the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility, the director, and the health commissioner of the licensing authority have received notice from the issuing institution that it will not extend the letter of credit beyond the current expiration date, the director or health commissioner of the licensing authority shall draw on the letter of credit. The director or health commissioner of the licensing authority may delay the drawing if the issuing institution grants an extension of the term of the credit. During the final thirty days of any such extension, the director or health commissioner of the licensing authority shall draw on the letter of credit if the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility has failed to provide alternative financial assurance as specified in this rule or rule 3745-400-56 of the Administrative Code, as applicable, and has failed to obtain written approval of such alternative financial assurance from the director or health commissioner of the licensing authority. (9) The director or health commissioner of the licensing authority shall return the original letter of credit to the issuing institution for termination when one of the following occurs: (a) The owner or operator substitutes alternative financial assurance for final closure as specified in this rule or rule 3745-400-56 of the Administrative Code, as applicable. (b) The director or health commissioner of the licensing authority notifies the owner or operator of a construction and demolition debris facility or a construction and demolition debris processing facility that the owner or operator of the construction and demolition debris facility or construction and demolition debris processing facility is no longer required to maintain financial assurance for final closure. (F) Final closure insurance. (1) The owner or operator of a construction and demolition debris facility may satisfy the requirements of this rule by obtaining final closure insurance that conforms to the requirements of this rule and by submitting an originally signed certificate of such insurance to the director or health commissioner of the licensing authority. (2) The owner or operator of a construction and demolition debris facility using insurance as a financial assurance mechanism shall submit documentation to the director or health commissioner of the licensing authority stating whether the insurer is a subsidiary or has a corporate, legal, or financial affiliation with the owner or operator of the construction and demolition debris facility. If the final closure insurance is issued by a subsidiary or affiliate, the owner or operator of the construction and demolition debris facility shall include a detailed written description of the relationship between the insurer and the owner or operator of the construction and demolition debris facility. (3) An insurer issuing an insurance policy to satisfy the requirements of this rule shall be licensed to transact the business of insurance, or be eligible to provide insurance as an excess or surplus lines insurer, in one or more states. The owner or operator of a construction and demolition debris facility shall submit to the director or health commissioner of the licensing authority the following information regarding the insurer's qualifications: (a) The most recent A.M. Best rating of the insurer. (b) Documentation demonstrating that the insurer is domiciled in the United States. (c) The most recent report on examination from the insurance department from the insurer's state of domicile. (d) Documentation demonstrating that the insurer has capital and surplus of at least one hundred million dollars. (e) Documentation demonstrating that the insurer received an unqualified opinion of the insurer's annual financial statements from an independent certified public accountant. (4) The director or health commissioner of the licensing authority may disallow use of the insurer by the owner or operator of a construction and demolition debris facility on the basis of one or more of the following: (a) The A.M. Best rating is less than A-. (b) The report on examination does not demonstrate that the status of the insurer is satisfactory. (c) The opinion expressed by the independent certified public accountant in the report on examination of the insurer's financial statements. (5) The wording of the certificate of insurance shall be identical to the wording specified in paragraph (E) of rule 3745-400-14 of the Administrative Code except for a certificate of insurance obtained prior to August 1, 2012 that is being utilized pursuant to paragraph (A)(1)(c)(iii) of this rule. (6) Except as provided in paragraph (G) of this rule, the final closure insurance policy shall be issued for a face amount at least equal to the final closure cost estimate determined in accordance with paragraph (A)(1) of this rule. The "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, but the insurer's future liability shall be lowered by the amount of the payments. (7) The final closure insurance policy shall guarantee that funds shall be available to close the construction and demolition debris facility and conduct final closure activities whenever final closure is mandated. The policy shall also guarantee that once final closure of the construction and demolition debris facility occurs, the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the director or health commissioner of the licensing authority, to such party or parties as the director or health commissioner of the licensing authority specifies. (8) The owner or operator of a construction and demolition debris facility, or any other person authorized to perform final closure, may request reimbursement for final closure expenditures in accordance with paragraph (A)(1)(f) of this rule. The director or health commissioner of the licensing authority shall calculate in accordance with paragraph (A)(1)(f) of this rule the amount to be reimbursed and instruct the insurer, in writing, to make such reimbursement. (9) The owner or operator of a construction and demolition debris facility shall maintain the policy in full force and effect until the director or health commissioner of the licensing authority consents to termination of the policy by the owner or operator of the construction and demolition debris facility as specified in paragraph (F)(13) of this rule. Failure to pay the premium, without substitution of alternative financial assurance as specified in this rule, constitutes a violation of these rules, warranting such remedy as the director or health commissioner of the licensing authority deems necessary. Such violation shall be deemed to begin upon receipt by the director or health commissioner of the licensing authority of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration. (10) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator of the construction and demolition debris facility. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused. (11) The policy shall provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall at a minimum provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending written notice by certified mail or other form of mail accompanied by a receipt to the owner or operator of the construction and demolition debris facility, the director, and the health commissioner of the licensing authority not later than one hundred twenty days prior to the date of cancellation, termination, or failure to renew. Cancellation, termination, or failure to renew shall not occur, however, during the one hundred twenty day period beginning on the first day that the owner or operator of the construction and demolition debris facility, the director, and the health commissioner of the licensing authority have received the notice, as evidenced by the return receipts. (12) If the director or health commissioner of the licensing authority disallows use of the insurer, the owner or operator of the construction and demolition debris facility shall provide alternative financial assurance as specified in this rule not later than thirty days after notification of the disallowance of the insurer. (13) The director or health commissioner of the licensing authority shall give written approval that the owner or operator of the construction and demolition debris facility may terminate the insurance policy when one of the following occurs: (a) The owner or operator of the construction and demolition debris facility substitutes alternative financial assurance for final closure as specified in this rule. (b) The director or health commissioner of the licensing authority notifies the owner or operator of the construction and demolition debris facility that the owner or operator of the construction and demolition debris facility is no longer required to maintain financial assurance for final closure of the construction and demolition debris facility. (G) Use of multiple financial mechanisms. (1) The owner or operator of a construction and demolition debris facility may satisfy the requirements of this rule by establishing more than one financial mechanism for each construction and demolition debris facility and co-located processing facility. The mechanisms are limited to trust funds, surety bonds guaranteeing payment into a final closure trust fund, letters of credit, and insurance. The mechanisms shall be as specified in paragraphs (B), (C), (E), and (F) of this rule, as applicable, except that it is the combination of mechanisms, rather than each single mechanism, that shall provide financial assurance for an amount at least equal to the current final closure cost estimate. If the owner or operator of a construction and demolition debris facility uses a trust fund in combination with a surety bond or a letter of credit, the owner or operator of the construction and demolition debris facility may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. The director or health commissioner of the licensing authority may invoke use of any or all of the mechanisms, in accordance with paragraphs (B), (C), (E), and (F) of this rule, to provide for final closure. (2) The owner or operator of a construction and demolition debris processing facility may satisfy the requirements of this rule and rule 3745-400-56 of the Administrative Code by establishing more than one financial mechanism for the construction and demolition debris processing facility in accordance with rule 3745-400-56 of the Administrative Code.
Last updated July 5, 2022 at 10:38 AM
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Rule 3745-400-14 | Wording of the financial instruments.
Effective:
April 18, 2022
(A) Trust agreement. (1) The trust agreement
for the trust fund specified in paragraph (B) of rule 3745-400-13 of the
Administrative Code and the trust fund agreement for the trust fund specified
in paragraph (B) of rule 3745-400-18 of the Administrative Code shall be worded
as follows on forms prescribed by the director, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted: "Trust agreement Trust agreement. The "agreement",
entered into as of [date] by and between [name of the owner or operator of the
construction and demolition debris facility or construction and demolition
debris processing facility], a [state] [corporation, partnership, association,
proprietorship], the "grantor", and [name of corporate trustee],
["incorporated in the state of _____" or "a national
bank"], the "trustee". Whereas, the Ohio Environmental Protection
Agency, ("Ohio EPA"), has established certain rules applicable to the
grantor, requiring that the owner or operator of a construction and demolition
debris disposal facility or a construction and demolition debris processing
facility provide assurance that funds will be available when needed for final
closure of the facility or post-closure care, as applicable. Whereas, the grantor has elected to establish a
trust to provide all or part of such financial assurance for the facilities
identified herein. Whereas, the grantor, acting through its duly
authorized officers, has selected the trustee to be the trustee under this
agreement, and the trustee is willing to act as trustee, Now, therefore, the grantor and the trustee
agree as follows: Section 1. Definitions. As used in this
agreement: (a) The term "grantor" means the
owner or operator of the construction and demolition debris facility or
construction and demolition debris processing facility who enters into this
agreement and any successors or assigns of the grantor. (b) The term "trustee" means the
trustee who enters into this agreement and any successor trustee. (c) The term "licensing authority"
means a city or general health district as created by or under authority of
Chapter 3709. of the Revised Code, which is on the approved list in accordance
with section 3714.09 of the Revised Code, or the director where the health
district is not on the approved list. Section 2. Identification of facilities and
amount for final closure or post-closure care. This agreement pertains to the
facilities and amount for final closure or post-closure care identified on
attached schedule A [on Schedule A, for each facility list the name, address,
and the amount for final closure or post-closure care, or portions thereof, for
which financial assurance is demonstrated by this agreement]. Section 3. Establishment of fund. The grantor
and the trustee hereby establish a trust fund, the "fund", for the
benefit of the licensing authority. The grantor and the trustee intend that no
third party have access to the fund except as herein provided. The fund is
established initially as consisting of the property, which is acceptable to the
trustee, described in schedule B attached hereto. Such property and any other
property subsequently transferred to the trustee is referred to as the fund,
together with all earnings and profits thereon, less any payments or
distributions made by the trustee pursuant to this agreement. The fund will be
held by the trustee, in trust, as hereinafter provided. The trustee shall not
be responsible nor shall the trustee undertake any responsibility for the
amount or adequacy of, nor any duty to collect from the grantor, any payments
necessary to discharge any liabilities of the grantor established by the
licensing authority. Section 4. Payment for final closure or
post-closure care. The trustee will make such payments from the fund as the
licensing authority will direct, in writing, to provide for the payment of the
costs of final closure or post-closure care of the facilities covered by this
agreement. The trustee will reimburse the grantor or other persons as specified
by the licensing authority from the fund for final closure or post-closure care
expenditures in such amounts as the licensing authority will direct, in
writing. In addition, the trustee will refund to the grantor such amounts as
the licensing authority specifies in writing. Upon refund, such funds will no
longer constitute part of the fund as defined herein. Section 5. Payments comprising the fund.
Payments made to the trustee for the fund will consist of cash or securities
acceptable to the trustee. Section 6. Trustee management. The trustee will
invest and reinvest the principal and income of the fund and keep the fund
invested as a single fund, without distinction between principal and income, in
accordance with general investment policies and guidelines which the grantor
may communicate in writing to the trustee periodically, subject, however, to
the provisions of this section. In investing, reinvesting, exchanging, selling,
and managing the fund, the trustee will discharge the trustee's duties
with respect to the trust fund solely in the interest of the beneficiary and
with the care, skill, prudence, and diligence under the circumstances then
prevailing which persons of prudence, acting in a like capacity and familiar
with such matters, would use in the conduct of an enterprise of a like
character and with like aims; except that: (a) Securities or other obligations of the
grantor, or any other owner or operator of the construction and demolition
debris facility or construction and demolition debris processing facility, or
any of their affiliates as defined in the Investment Company Act of 1940, 15
U.S.C. section 80a-2(a), will not be acquired or held, unless they are
securities or other obligations of the federal or a state government; (b) The trustee is authorized to invest the
fund in time or demand deposits of the trustee, to the extent insured by an
agency of the federal or state government; and (c) The trustee is authorized to hold cash
awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon. Section 7. Commingling and investment. The
trustee is expressly authorized in the trustee's discretion: (a) To transfer periodically any or all of the
assets of the fund to any common, commingled, or collective trust fund created
by the trustee in which the fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; and (b) To purchase shares in any investment
company registered under the Investment Company Act of 1940, 15 U.S.C. sections
80a-1 et seq., including one which may be created, managed, underwritten, or to
which investment advice is rendered or the shares of which are sold by the
trustee. The trustee may vote such shares in its discretion. Section 8. Express powers of trustee. Without
in any way limiting the powers and discretions conferred upon the trustee by
the other provisions of this agreement or by law, the trustee is expressly
authorized and empowered: (a) To sell, exchange, convey, transfer, or
otherwise dispose of any property held by it, by public or private sale. No
person dealing with the trustee will be bound to see to the application of the
purchase money or to inquire into the validity or expediency of any such sale
or other disposition; (b) To make, execute, acknowledge, and deliver
any and all documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the powers herein
granted; (c) To register any securities held in the fund
in the trustee's own name or in the name of a nominee and to hold any
security in bearer form or in book entry, or to combine certificates
representing such securities with certificates of the same issue held by the
trustee in other fiduciary capacities, or to deposit or arrange for the deposit
of such securities in a qualified central depository even though, when so
deposited, such securities may be merged and held in bulk in the name of the
nominee of such depository with other securities deposited therein by another
person, or to deposit or arrange for the deposit of any securities issued by
the United States government, or any agency or instrumentality thereof, with a
federal reserve bank, but the books and records of the trustee will at all
times show that all such securities are part of the fund; (d) To deposit any cash in the fund in
interest-bearing accounts maintained or savings certificates issued by the
trustee, in its separate corporate capacity, or in any other banking
institution affiliated with the trustee, to the extent insured by an agency of
the federal or state government; and (e) To compromise or otherwise adjust all
claims in favor of or against the fund. Section 9. Taxes and expenses. All taxes of any
kind that may be assessed or levied against or in respect of the fund and all
brokerage commissions incurred by the fund will be paid from the fund. All
other expenses incurred by the trustee in connection with the administration of
this trust, including fees for legal services rendered to the trustee, the
compensation of the trustee to the extent not paid directly by the grantor, and
all other proper charges and disbursements of the trustee will be paid from the
fund. Section 10. Annual valuation. The trustee will
annually, not later than thirty days prior to the anniversary date of the
establishment of the fund, furnish to the grantor and to the licensing
authority a statement confirming the value of the trust. Any securities in the
fund will be valued at market value as of no more than sixty days prior to the
anniversary date of establishment of the fund. The failure of the grantor to
object in writing to the trustee not later than ninety days after the statement
has been furnished to the grantor and the licensing authority will constitute a
conclusively binding assent by the grantor, barring the grantor from asserting
any claim or liability against the trustee with respect to matters disclosed in
the statement. Section 11. Advice of counsel. The trustee may
periodically consult with counsel, who may be counsel to the grantor, with
respect to any question arising as to the construction of this agreement or any
action to be taken hereunder. The trustee will be fully protected, to the
extent licensed by law, in acting upon the advice of counsel. Section 12. Trustee compensation. The trustee
will be entitled to reasonable compensation for the trustee's service as
agreed upon in writing periodically with the grantor. Section 13. Successor trustee. The trustee may
resign or the grantor may replace the trustee, but such resignation or
replacement shall not be effective until the grantor has appointed a successor
trustee and this successor accepts the appointment. The successor trustee will
have the same powers and duties as those conferred upon the trustee hereunder.
Upon the successor trustee's acceptance and the licensing authority's
written approval of the appointment, the trustee will assign, transfer, and pay
over to the successor trustee the funds and properties then constituting the
fund. If for any reason the grantor cannot or does not act in the event of the
resignation of the trustee, the trustee may apply to a court of competent
jurisdiction for the appointment of a successor trustee or for instructions.
The successor trustee shall specify the date on which the successor trustee
assumes administration of the trust in a writing sent to the grantor, the
licensing authority, and the present trustee by certified mail or other form of
mail accompanied by a receipt not later than ten days before such change
becomes effective. Any expenses incurred by the trustee as a result of any of
the acts contemplated by this section will be paid as provided in section
9. Section 14. Instructions to the trustee. All
orders, requests, and instructions by the grantor to the trustee will be in
writing, signed by such persons as are designated in the attached exhibit A or
such other designees as the grantor may designate by amendment to exhibit A.
The trustee will be fully protected in acting without inquiry in accordance
with the grantor's orders, requests, and instructions. All orders,
requests, and instructions by the licensing authority to the trustee will be in
writing, signed by the licensing authority, and the trustee will act and will
be fully protected in acting in accordance with such orders, requests, and
instructions. The trustee will have the right to assume, in the absence of
written notice to the contrary, that no event constituting a change or a
termination of the authority of any person to act on behalf of the grantor or
the licensing authority hereunder has occurred. The trustee will have no duty
to act in the absence of such orders, requests, and instructions from the
grantor and/or the licensing authority except as provided for herein. Section 15. Notice of nonpayment. The trustee
will notify the grantor and the licensing authority by certified mail or other
form of mail accompanied by a receipt not later than ten days after the
expiration of the thirty-day period following the anniversary of the
establishment of the trust, if no payment is received from the grantor during
the period. After the pay-in period is completed, the trustee is not required
to send a notice of nonpayment. Section 16. Amendment of agreement. This
agreement may be amended by an instrument in writing executed by the grantor,
the trustee, and the licensing authority, or by the trustee and the licensing
authority if the grantor ceases to exist. Section 17. Irrevocability and termination.
Subject to the right of the parties to amend this agreement as provided in
section 16, this trust will be irrevocable and will continue until termination
at the written agreement of the grantor, the trustee, and the licensing
authority, or by the trustee and the licensing authority if the grantor ceases
to exist. Upon termination of the trust, all remaining trust property, less
final trust administration expenses, will be delivered to the grantor, unless
the trust is a "standby trust" fund created in accordance with
paragraph (C), (D), or (E) of rule 3745-400-13 of the Administrative Code or
paragraph (C), (D), or (E) of rule 3745-400-18 of the Administrative Code, in
which case all remaining trust property, less final trust administration
expenses, will be delivered to the provider of the financial assurance. Section 18. Immunity and indemnification. The
trustee will not incur personal liability of any nature in connection with any
act or omission, made in good faith, in the administration of this trust, or in
carrying out any directions by the grantor or the licensing authority issued in
accordance with this agreement. The trustee will be indemnified and saved
harmless by the grantor or from the trust fund, or both, from and against any
personal liability to which the trustee may be subjected by reason of any act
or conduct in the trustee's official capacity, including all expenses
reasonably incurred in the trustee's defense in the event the grantor
fails to provide such defense. Section 19. Choice of law. This agreement will
be administered, construed, and enforced according to the laws of the state of
Ohio. Section 20. Interpretation. As used in this
agreement, words in the singular include the plural and words in the plural
include the singular. The descriptive headings for each section of this
agreement will not affect the interpretation or the legal efficacy of this
agreement. In witness whereof the parties have caused this
agreement to be executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first above
written: the parties below certify that the wording of this agreement is
identical to the wording specified in paragraph (A)(1) of rule 3745-400-14 of
the Administrative Code as such rule was constituted on the date first above
written. [Signature of grantor] [Title] Attest: [Title] [Seal] [Signature of trustee] Attest: [Title] [Seal]" (2) The following is an
example of the certification of acknowledgment, which must accompany the trust
agreement for a trust fund as specified in paragraph (B) of rule 3745-400-13 of
the Administrative Code or paragraph (B) of rule 3745-400-18 of the
Administrative Code: "State of__________ County of__________ On this [date], before me personally came
[owner or operator of the construction and demolition debris facility or
construction and demolition debris processing facility] to me known, who, being
by me duly sworn, did depose and say that she/he resides at [address], that
she/he is [title] of [corporation], and the corporation described in and which
executed the above instrument; that she/he knows the seal of said corporation;
that the seal affixed to such instrument is such corporate seal; that it was so
affixed by order of the board of licensing authority(ies) of said corporation,
and that she/he signed her/his name thereto by like order. [Signature of notary public]" (B) The surety bond guaranteeing payment
into the trust fund specified in paragraph (C) of rule 3745-400-13 of the
Administrative Code and the surety bond guaranteeing payment into the trust
fund specified in paragraph (C) of rule 3745-400-18 of the Administrative Code
shall be worded as follows on forms prescribed by the director, except that
instructions in brackets are to be replaced with the relevant information and
the brackets deleted: "Financial guarantee bond Date bond executed:__________ Effective date:__________ Principal: [legal name and business address of
owner or operator of the construction and demolition debris facility or
construction and demolition debris processing facility] Type of organization: [insert
"individual", "joint venture", "partnership",
"LLC", or "corporation"] State of incorporation:__________ Surety(ies): [name(s) and business
address(es)] Name, address, and final closure or post-closure
care amount(s) for each facility guaranteed by this bond [indicate amount of
final closure or post-closure care]: $____________ Total penal sum of bond: $____________ Surety's bond number: ____________ Know all persons by these presents, that we, the
principal and surety(ies) hereto are firmly bound to the licensing authority,
in the above penal sum for the payment of which we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally;
provided that, where the surety(ies) are corporations acting as co-sureties,
we, the sureties, bind ourselves in such sum "jointly and severally"
only for the purpose of allowing a joint action or actions against any or all
of us, and for all other purposes each surety binds itself, jointly and
severally with the principal, for the payment of such sum only as is set forth
opposite the name of such surety, but if no limit of liability is indicated,
the limit of liability shall be the full amount of the penal sum. Whereas, said principal is required to have a
valid license, in order to operate each construction and demolition debris
facility(ies) and construction and demolition debris processing facility(ies)
identified above, and Whereas, said principal is required to provide
financial assurance for final closure of the construction and demolition debris
facility(ies) and construction and demolition debris processing facility(ies)
or post-closure care of the construction and demolition debris facility(ies) as
a condition of Chapter 3714. of the Revised Code; and Whereas said principal shall establish a standby
trust fund as specified by rule 3745-400-13 or 3745-400-18 of the
Administrative Code, Now, therefore, the conditions of the obligation
are such that if the principal shall faithfully, before the beginning of final
closure of each facility identified above, fund the standby trust fund in the
amount(s) identified above for the facility. Or, if the principal shall fund the standby trust
fund in such an amount(s) not later than fifteen days after an order to begin
final closure is issued by the licensing authority, or an Ohio court, or a U.S.
district court, or other court of competent jurisdiction, or not later than
fifteen days after a notice of revocation of the construction and demolition
debris facility license or construction and demolition debris processing
facility license, or, if the principal shall provide alternative financial
assurance as specified in rule 3745-400-13 or 3745-400-18 of the Administrative
Code as applicable, and obtain the licensing authority's written approval
of such alternative financial assurance, not later than ninety days after the
first day that notice of cancellation has been received by both the principal
and the licensing authority from the surety(ies), then this obligation will be
null and void; otherwise it is to remain in full force and effect. The surety(ies) shall become liable on this bond
obligation only when the principal has failed to fulfill the conditions
described above. Upon notification by the licensing authority that the
principal has failed to perform as guaranteed by this bond, the surety(ies)
shall place funds in the amount guaranteed for the facility(ies) into the
standby trust fund as directed by the licensing authority. The liability of the surety(ies) shall not be
discharged by any payment or succession of payments hereunder, unless and until
such payment or payments shall amount in the aggregate to the penal sum of the
bond, but in no event shall the obligation of the surety(ies) hereunder exceed
the amount of said penal sum. The surety(ies) may cancel the bond by sending
notice of cancellation by certified mail or other form of mail accompanied by a
receipt to the principal and to the licensing authority, provided, however,
that cancellation shall not occur during the one hundred twenty day period
beginning on the first day of receipt of the notice of cancellation by both the
principal and the licensing authority as evidenced by the return
receipt(s). The principal may terminate this bond by sending
written notice to the surety(ies), provided, however, that no such notice shall
become effective until the surety(ies) receives written authorization for
termination of the bond by the licensing authority. [The following paragraph is an optional rider
that may be included but is not required.] Principal and surety(ies) hereby agree to adjust
the penal sum of the bond annually so that it guarantees a new final closure or
post-closure care amount, and no decrease in the penal sum takes place without
the written permission of the licensing authority. In witness whereof, the principal and surety(ies)
have executed this financial guarantee bond and have affixed their seals on the
date set forth above. The persons whose signatures appear below hereby
certify that they are authorized to execute this surety bond on behalf of the
principal and surety(ies) and that the wording of this surety bond is identical
to the wording specified in paragraph (B) of rule 3745-400-14 of the
Administrative Code as such rule was constituted on the date this bond was
executed. Principal Signature(s): ____________ Name(s) and title(s) [typed]: ____________ Corporate seal: Corporate surety(ies) Name and address: ____________ State of incorporation: ____________ Liability limit: $____________ Signature(s): ____________ Name(s) and title(s) [typed]: ____________ Corporate seal: [For every co-surety, provide signature(s),
corporate seal, and other information in the same manner as for surety
above.] Bond premium: $____________" (C) The surety bond guaranteeing
performance of final closure specified in paragraph (D) of rule 3745-400-13 of
the Administrative Code and the surety bond guaranteeing performance of
post-closure care specified in paragraph (D) of rule 3745-400-18 of the
Administrative Code shall be worded as follows on forms prescribed by the
director, except that instructions in brackets are to be replaced by the
relevant information and the brackets deleted: "Performance bond Date bond executed: ____________ Effective date: ____________ Principal: [legal name and business address of
owner or operator of the construction and demolition debris facility or
construction and demolition debris processing facility] Type of organization: [insert
"individual", "joint venture", "partnership",
"LLC", or "corporation"] State of incorporation: ____________ Surety(ies): [name(s) and business
address(es)] Name, address, and final closure or post-closure
care amount for each facility guaranteed by this bond [indicate final closure
or post-closure care amount]: $____________ Total penal sum of bond: $____________ Surety's bond number: ___________ Know all persons by these presents, that we, the
principal and surety(ies) hereto are firmly bound to the licensing authority,
in the above penal sum for the payment of which we bind ourselves, our heirs,
executors, administrators, successors, and assigns jointly and severally;
provided that, where the surety(ies) are corporations acting as co-sureties,
we, the sureties, bind ourselves in such sum "jointly and severally"
only for the purpose of allowing a joint action or actions against any or all
of us, and for all other purposes each surety binds itself, jointly and
severally with the principal, for the payment of such sum only as is set forth
opposite the name of such surety, but if no limit of liability is indicated,
the limit of liability shall be the full amount of the penal sum. Whereas, said principal is required to have a
valid license or licenses in order to operate each construction and demolition
debris facility(ies) or construction and demolition debris processing
facility(ies) identified above, and Whereas said principal is required to provide
financial assurance for final closure of a construction and demolition debris
facility(ies) or construction and demolition debris processing facility(ies) or
post-closure care of a construction and demolition debris facility(ies), as a
condition of the license(s), and Whereas said principal shall establish a standby
trust fund as is required when a surety bond is used to provide such financial
assurance; Now, therefore, the conditions of this obligation
are such that if the principal shall faithfully perform final closure or
post-closure care, whenever required to do so, of each facility for which this
bond guarantees final closure or post-closure care, in accordance with rule
3745-400-12, 3745-400-16, or 3745-400-60 of the Administrative Code and other
requirements of the license as such license may be amended, pursuant to all
applicable laws, statutes, rules, and regulations, as such laws, statutes,
rules, and regulations may be amended. Or, if the principal shall provide alternative
financial assurance as specified in rule 3745-400-13 or 3745-400-18 of the
Administrative Code and obtain the licensing authority's written approval
of such alternative financial assurance not later than ninety days after the
date notice of cancellation is received by both the principal and the licensing
authority from surety(ies), then this obligation will be null and void,
otherwise it is to remain in full force and effect. The surety(ies) shall become liable on this bond
obligation only when the principal has failed to fulfill the conditions
described above. Upon notification by the licensing authority that
the principal has been found in violation of the final closure requirements of
rule 3745-400-12 or 3745-400-60 of the Administrative Code or post-closure care
requirements of rule 3745-400-16 of the Administrative Code, for a construction
and demolition debris facility or a construction and demolition debris
processing facility for which this bond guarantees performance of final closure
or post-closure care, the surety(ies) shall either perform final closure in
accordance with rule 3745-400-12 or 3745-400-60 of the Administrative Code or
post-closure care in accordance with rule 3745-400-16 of the Administrative
Code and other license requirements or place the final closure or post-closure
care amount guaranteed for the construction and demolition debris facility or
construction and demolition debris processing facility into the standby trust
fund as directed by the licensing authority. Upon notification by the licensing authority that
the principal has failed to provide alternative financial assurance as
specified in rule 3745-400-13 or 3745-400-18 of the Administrative Code and
obtain written approval of such alternative financial assurance from the
licensing authority not later than ninety days after receipt by both the
principal and the licensing authority of a notice of cancellation of the bond,
the surety(ies) shall place funds in the amount guaranteed for the
facility(ies) into the standby trust fund as directed by the licensing
authority. The surety(ies) hereby waives notification of
amendments to licenses, applicable laws, statutes, rules, and regulations and
agrees that no such amendment shall in any way alleviate the surety(ies)
obligation on this bond. The liability of the surety(ies) shall not be
discharged by any payment or succession of payments hereunder, unless and until
such payment or payments shall amount in the aggregate to the penal sum of the
bond, but in no event shall the obligation of the surety(ies) hereunder exceed
the amount of said penal sum. The surety(ies) may cancel the bond by sending
notice of cancellation by certified mail or other form of mail accompanied by a
receipt to the owner or operator of the construction and demolition debris
facility or construction and demolition debris processing facility and to the
licensing authority, provided, however, that cancellation cannot occur during
the one hundred twenty day period beginning on the first day of receipt of the
notice of cancellation by both the principal and the licensing authority as
evidenced by the return receipts. The principal may terminate this bond by sending
written notice to the surety(ies), provided, however, that no such notice shall
become effective until the surety(ies) receives written approval for
termination of the bond by the licensing authority. [The following paragraph is an optional rider
that may be included but is not required.] Principal and surety(ies) hereby agree to adjust
the penal sum of the bond annually so that it guarantees a new final closure or
post-closure care amount, and no decrease in the penal sum occurs without the
written approval of the licensing authority. In witness whereof, the principal and surety(ies)
have executed this performance bond and have affixed their seals on the date
set forth above. The persons whose signatures appear below hereby
certify that they are authorized to execute this surety bond on behalf of the
principal and surety(ies) and that the wording of this surety bond is identical
to the wording specified in paragraph (C) of rule 3745-400-14 of the
Administrative Code, as such rule was constituted on the date this bond was
executed. Principal Signature(s):____________ Name(s) and title(s) [typed]:____________ Corporate seal:____________ Corporate surety(ies) Name and address:____________ State of incorporation:____________ Liability limit: $____________ Signature(s):____________ Name(s) and title(s) [typed]:____________ Corporate seal: [For every co-surety, provide signature(s),
corporate seal, and other information in the same manner as for surety
above.] Bond premium: $____________" (D) The letter of credit specified in
paragraph (E) of rule 3745-400-13 of the Administrative Code and the letter of
credit specified in paragraph (E) of rule 3745-400-18 of the Administrative
Code shall be worded as follows on forms prescribed by the director, except
that instructions in brackets are to be replaced with the relevant information
and the brackets deleted: [Comment: A letter of credit may also contain
provisions used by the issuing institution in its regular course of business,
provided that such provisions do not alter the terms and conditions in this
paragraph.] "Irrevocable standby letter of credit [Licensing authority] Dear sir or madam: We hereby establish our
irrevocable standby letter of credit no. ____________ in your favor, at the
request and for the account of [owner or operator of the construction and
demolition debris facility or construction and demolition debris processing
facility's name and address] up to the aggregate amount of [in words] U.S.
Dollars ($____________), available upon presentation of (1) Your sight draft,
bearing reference to this letter of credit no. ____________, and (2) Your signed statement
reading as follows: 'I certify that the amount of the draft is payable
pursuant to regulations issued under the authority of Chapter 3714. of the
Revised Code.' This letter of credit is effective as of [date]
and will expire on [date of at least one year later], but such expiration date
will be automatically extended for a period of [at least one year] on [date]
and on each successive expiration date, unless, at least one hundred twenty
days prior to the current expiration date, we notify both you and [owner or
operator of the construction and demolition debris facility or construction and
demolition debris processing facility's name] by certified mail or other
form of mail accompanied by a receipt that we have decided not to extend this
letter of credit beyond the current expiration date. In the event that you are
so notified, any unused portion of the credit will be available upon
presentation of your sight draft for one hundred twenty days after the first
day of receipt by both you and [owner or operator of the construction and
demolition debris facility or construction and demolition debris processing
facility's name] as evidenced by the return receipts. Whenever this letter of credit is drawn under
and in compliance with the terms of this credit, we will duly honor such draft
upon presentation to us, and we will deposit the amount of the draft directly
into the standby trust fund by [owner or operator of the construction and
demolition debris facility or construction and demolition debris processing
facility's name] in accordance with your instructions. We certify that the wording of this letter of
credit is identical to the wording specified in paragraph (D) of rule
3745-400-14 of the Administrative Code as such rule was constituted on the date
shown immediately below. [Signature(s) and title(s) of official(s) of
issuing institution] [date] This credit is subject to [insert "the
most recent edition of the "Uniform Rules for Documentary Credits",
published by the "International Chamber of Commerce" or "The
Uniform Commercial Code"]." [Comment: In the event that the owner or
operator of the construction and demolition debris facility or construction and
demolition debris processing facility ceases to exist, any unused portion of
the credit will be available for the one hundred twenty day period after the
date of receipt by the licensing authority, as evidenced by the return
receipt.] (E) The certificate of insurance
specified in paragraph (F) of rule 3745-400-13 of the Administrative Code and
the certificate of insurance specified in paragraph (F) of rule 3745-400-18 of
the Administrative Code shall be worded as follows on forms prescribed by the
director, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted: "Certificate of insurance for final closure
or post-closure care. Name and address of insurer (Herein called the
"insurer"):_____________ Name and address of insured (Herein called the
"insured"):____________ Facilities covered: [List for each facility:
name, address, county in which the facility is located, and the amount of
insurance for final closure or post-closure care provided under the insurance
policy (the aggregate amount for all facilities covered must total the face
amount shown below).] Face Amount: $____________ Policy Number:____________ Effective date:____________ The insurer hereby certifies that it has issued
to the insured insurance policy identified above to provide financial assurance
for [insert "final closure or post-closure care"] for the facilities
identified above. The insurer further warrants that such insurance policy
conforms in all respects with the requirements of paragraph (F) of rule
3745-400-13 of the Administrative Code or paragraph (F) of rule 3745-400-18 of
the Administrative Code, as applicable as such rules were constituted on the
date shown immediately below. It is agreed that any provision of the insurance
policy inconsistent with such regulations is hereby amended to eliminate such
inconsistency. Whenever requested by the licensing authority the
insurer agrees to furnish to the licensing authority a duplicate original of
the policy listed above, including all endorsements thereon. I hereby certify that the wording of this
certificate is identical to the wording specified in paragraph (E) of rule
3745-400-14 of the Administrative Code as such rule was constituted on the date
shown immediately below. [Authorized signature for insurer] [Name of person signing] [Title of person signing] Signature of witness or
notary:____________ [Date]" (F) Incorporation by reference. The text
of the incorporated materials is not included in this rule and is hereby made a
part of this rule. Only the specific version specified in this rule is
incorporated. Any amendment or revision to a referenced document is not
incorporated until this rule has been amended to specify the new version. As
used in this rule, the "Uniform Rules for Documentary Credits," 2007.
The full text is available for purchase at
https://2go.iccwbo.org/uniform-rules-for-documentary-credits-config+book_version-Book/;
however, the document is also available for inspection and copying at most
public libraries and "The State Library of Ohio."
Last updated April 19, 2022 at 8:42 AM
|
Rule 3745-400-15 | Modifications and exemptions.
Effective:
November 7, 2024
(A) Facility modifications. The following
shall be deemed a modification to a construction and demolition debris
facility: (1) Any extension beyond
the approved limits of debris placement specified in the valid operating
license. (2) Any extension beyond
the active licensed disposal area specified in the valid operating
license. (3) Any other substantial
change to the approved facility design plan contained in the valid operating
license. [Comment: The contents of the facility design
plan are specified in rule 3745-400-07 of the Administrative Code. Changes to
operational activities are not modifications, since the operational aspects of
the facility change annually by means of the license review and approval
process.] (B) Application for a modification. The
owner or operator who desires to modify a facility shall submit an application
for a specific facility modification not later than ninety days prior to the
proposed implementation date of the modification. The application shall contain
sufficient detail so the licensing authority can understand the proposed
changes. An application to laterally extend the limits of
debris placement shall include a demonstration that the entire limits of debris
placement, including the proposed and existing limits of debris placement, meet
the requirements of rule 3745-400-07 of the Administrative Code. (C) Criteria for modification approval.
If the licensing authority finds that the modification is unlikely to adversely
affect the public health or safety or the environment or create a fire hazard,
then the licensing authority shall approve the modification. [Comment: For ease in program implementation,
decisions with respect to modification applications remain separate from
decisions made with respect to license applications. This will allow an owner
or operator to continue operations if a license application is approvable and
issued, but a modification request is not approvable and is denied. All denials
are first issued as proposed actions of the licensing authority.] (D) Exemptions. (1) General exemption
criteria. The licensing authority may by order exempt any person disposing of
or proposing to dispose of construction and demolition debris in such
quantities or under such circumstances that, in the determination of the
licensing authority, are unlikely to adversely affect the public health or
safety or the environment, or create a fire hazard, from any provision of
Chapter 3745-400 or 3745-501 of the Administrative Code or Chapter 3714. of the
Revised Code or order issued pursuant to either chapter, except as specified in
paragraph (E) of this rule. [Comment: Guidelines for exemption criteria,
including alternatives to ground water monitoring, are available from the Ohio
EPA.] (2) Floodplain exemption
criteria. The licensing authority may grant an exemption from the one hundred
year floodplain restriction stated in paragraph (B)(1) of rule 3745-400-06 of
the Administrative Code if the licensing authority finds that the establishment
of a new construction and demolition debris facility in the one hundred year
floodplain would not result in an increase of more than one foot in the
elevation of that flood stage of the watercourse upstream or downstream from
the proposed facility. (E) The licensing authority shall not
grant an exemption to the sole source aquifer location prohibition pursuant to
paragraph (B)(2) of rule 3745-400-06 of the Administrative Code or to the
asbestos disposal restriction pursuant to paragraph (F)(3)(c) of rule
3745-400-11 of the Administrative Code.
Last updated November 7, 2024 at 8:38 AM
|
Rule 3745-400-16 | Post-closure care of a construction and demolition debris facility.
Effective:
February 10, 2018
(A) Unless the owner or operator of the
construction and demolition debris facility has complied with paragraph (B)(1)
of this rule, an owner or operator of a facility that has accepted construction
and demolition debris in calendar year 2006 or later shall conduct post-closure
care activities at the construction and demolition debris facility upon the
licensing authority's written concurrence with the final closure
certification report for the facility. (B) Post-closure care activities shall be
conducted for five years unless the one of the following applies: (1) With respect to a
facility that permanently ceased acceptance of construction and demolition
debris in calendar year 2006, the post-closure care and post-closure care
financial assurance requirements do not apply, provided that the owner or
operator of the facility gave written notice of the date of the cessation to
the director or health commissioner of the licensing authority, the owner or
operator of the facility did not submit a subsequent application for a license
renewal for the facility after that cessation, and no order was issued by the
director, health commissioner of the licensing authority, or a court of
competent jurisdiction governing the post-closure care of and post-closure
financial assurance for that facility prior to the date specified in the
written notice. (2) With respect to a
facility that permanently ceased acceptance of construction and demolition
debris in calendar year 2007, the required period of time for post-closure care
and post-closure care financial assurance shall be one year after the final
closure of the facility, provided that the owner or operator of the facility
gave written notice of the date of the cessation to the director or health
commissioner of the licensing authority, the owner or operator did not submit a
subsequent application for a license renewal for the facility after that
cessation, and no order was issued by the director, the health commissioner of
the licensing authority, or a court of competent jurisdiction governing the
post-closure care of and post-closure care financial assurance for that
facility prior to the date specified in the written notice. (C) The post-closure care period may be
extended in accordance with rule 3745-400-17 of the Administrative Code except
for facilities where either paragraph (B)(1) or (B)(2) of this rule
applies. (D) An owner or operator shall complete
post-closure care of a construction and demolition debris facility in a manner
that reasonably accomplishes the following: (1) Minimizes the need
for maintenance at the facility. (2) Prevents the failure
of final slopes. (3) Protects public
health and safety and the environment. (4) Does not create a
nuisance or fire hazard. (5) Does not cause or
contribute to air or water pollution. (6) Minimizes erosion;
infiltration of surface water; production of leachate; production of hydrogen
sulfide, other gases, and odors; and accumulation and runoff of contaminated
surface water. (E) Post-closure care activities. The
owner or operator shall conduct post-closure care activities as
follows: (1) Complying with any
orders and authorizing documents issued in accordance with Chapter 3714. of the
Revised Code. (2) Complying with
applicable provisions of the following: (a) Paragraph (E) of rule 3745-400-11 of the Administrative
Code regarding maintaining the integrity of the engineered components of the
facility and repairing any damage to or failure of the components. (b) Paragraph (M) of rule 3745-400-11 of the Administrative
Code regarding fire control. (c) Paragraph (O) of rule 3745-400-11 of the Administrative
Code regarding leachate outbreaks. (d) Paragraph (P) of rule 3745-400-11 of the Administrative
Code regarding leachate system management. (e) Paragraph (Q) of rule 3745-400-11 of the Administrative
Code regarding surface and ground water management. (f) Paragraph (R) of rule 3745-400-11 of the Administrative
Code regarding ground water monitoring and leachate sampling and
analysis. (g) Paragraph (S) of rule 3745-400-11 of the Administrative
Code regarding financial assurance for post-closure care. (3) Complying with the
compliance disclosure requirements in section 3714.052 of the Revised Code when
employing a new key employee. (4) Establishing and
maintaining complete and dense vegetative cover as specified in paragraph
(G)(2)(a)(iii) or (G)(2)(b)(ii) of rule 3745-400-07 of the Administrative Code
in areas where seeding to establish vegetative cover is required during
facility final closure in accordance with rule 3745-400-12 of the
Administrative Code. Areas where a standard cap system is required in
accordance with paragraph (G)(2)(a) of rule 3745-400-07 of the Administrative
Code shall be mowed at least once per year. (5) Maintaining and
complying with all applicable permits and authorizations required by Chapters
3704. and 6111. of the Revised Code. (6) Limiting access to
the facility and maintaining access roads as follows: (a) Limiting access to authorized personnel only and
excluding live domestic and live farm animals from the facility except those
used for security or vector control. (b) Maintaining the signs stating that the facility is
closed required by rule 3745-400-12 of the Administrative Code such that the
signs remain legible. (c) Maintaining the gates, fencing, or other sturdy
obstacles blocking each entrance to the construction and demolition debris
facility required by rule 3745-400-12 of the Administrative Code. (d) Maintaining access roads to allow for the inspection,
maintenance, and repair of engineered components, ground water sampling, and
other activities required under this rule. (7) Annually submitting
not later than each anniversary of commencing post-closure care updated
post-closure care financial assurance documentation prepared in accordance with
rule 3745-400-18 of the Administrative Code. (8) Submitting a
post-closure care evaluation report not later than the third anniversary of
commencing the post-closure care period. The post-closure care evaluation
report shall contain the following: (a) An assessment of the integrity and long term stability
of the cap system. The assessment shall consider observations, inspections,
maintenance, repairs, and other information relating to the cap system since
the commencement of post-closure care. The assessment shall identify needed
maintenance and repair at the time of the evaluation report. (b) A summary of changes to leachate quality and quantity
since the commencement of post-closure care. (c) The rate of leachate generation and quantity of
leachate generated at the facility since the commencement of post-closure care,
with an explanation of how these figures were derived. (d) An assessment of hydrogen sulfide gas generation and
emissions by the facility. The assessment shall consider observations,
inspections, maintenance, repairs, and other information relating to hydrogen
sulfide gas generation and emissions since the commencement of post-closure
care. The assessment shall identify needed hydrogen sulfide gas emission
controls at the time of the evaluation report. (9) Retaining all authorizing documents
and completed daily logs of operations at a location acceptable to the
licensing authority where the documents are available for inspection by Ohio
EPA or the approved health department during normal business
hours. (10) Maintaining all records and reports
generated during final closure and the post-closure care period at a location
acceptable to the licensing authority where the records and reports are
available for inspection by Ohio EPA or the approved health department during
normal business hours. [Comment: The obligation under this rule to
maintain the documents required under paragraphs (E)(9) and (E)(10) of this
rule ends upon completion of the post-closure care period.] (F) The owner or operator shall submit to
the director or health commissioner of the licensing authority a post-closure
care certification report during the last thirty days of the post-closure care
period. The post-closure care certification report shall conform with the
following: (1) The post-closure care
certification report shall be signed by a professional skilled in the
appropriate discipline and shall certify that the owner or operator has
completed post-closure care in accordance with this chapter. (2) The post-closure care
certification report shall contain at a minimum the documentation relied upon
in the preparation of the post-closure care certification report. (3) If applicable, the
post-closure care certification report shall include information on the status
of ground water monitoring wells. The status shall include the identification
of intended use or anticipated time frame for well abandonment. [Comment: Decommissioning of the ground water
monitoring system and proper abandonment of ground water monitoring wells is
required by Chapter 3745-09 of the Administrative Code.] (4) If applicable, the
post-closure care certification report shall include information on the status
of any other environmental monitoring being conducted at the facility and any
required environmental control systems. The status shall include the
identification of the anticipated timeframe for cessation of monitoring or
abandonment of any environmental control systems that were required during
post-closure care.
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Rule 3745-400-17 | Procedures for issuance of an order extending the post-closure care period.
Effective:
February 10, 2018
(A) The post-closure care period may be
extended by order of the the director, the health commissioner of the licensing
authority, or a court of competent jurisdiction if conditions at a construction
and demolition debris facility are impacting public health or safety or the
environment or if ground water assessment and ground water corrective measures
are required to be conducted at the facility in accordance with rules adopted
under Chapter 3714. of the Revised Code. The requirement to maintain financial
assurance for post-closure care may be extended if the post-closure care period
is extended pursuant to this rule. (B) An order of the director or health
commissioner of the licensing authority extending the post-closure care period
shall contain at a minimum the following information: (1) The identification
and location of the facility for which the post-closure care period is
extended. (2) The effective date of
the order. (3) A description of the
conditions at the facility that are impacting public health or safety or the
environment or whether ground water assessment or ground water corrective
measures are required to be conducted at the facility in accordance with rules
adopted under Chapter 3714. of the Revised Code. (4) The length of the
extended post-closure care period established by the order. (5) Any extension of the
length of time that financial assurance for post-closure care is required to be
maintained. (6) A timeframe of at
least forty-five days for the submittal of the revised cost estimate and a
timeframe of at least ninety days for re-establishment of financial
assurance. (7) Any terms or conditions established
by the order. (8) A description of the post-closure
care activities required by paragraph (E) of rule 3745-400-16 of the
Administrative Code that are to be continued during the extended post-closure
care period. (C) When issuing an order extending the
post-closure care period, the director shall act in accordance with Chapters
119., 3714., 3734., and 3745. of the Revised Code, as applicable. (D) When issuing an order extending the
post-closure care period, the health commissioner of the licensing authority
shall act in accordance with Chapter 3714. and section 3709.20 of the Revised
Code. (E) Upon issuance of an order extending
the post-closure care period, a copy of the order shall be retained by the
director or health commissioner of the licensing authority and a copy of the
order shall be distributed by certified mail or other form of mail accompanied
by a receipt to the owner and operator. (F) If an order issued pursuant to this
rule establishes an extended post-closure care period of more than five years,
the order shall be evaluated every five years by the director or health
commissioner of the licensing authority. The evaluation shall assess whether,
utilizing the standard set forth in paragraph (A) of this rule, the
continuation of the order extending the post-closure care period is
appropriate. If the director or health commissioner of the licensing authority
concludes that the continuation of the order is appropriate, the director or
health commissioner of the licensing authority shall notify the owner of its
conclusion not later than thirty days prior to the end of the applicable
five-year period. If the director or health commissioner of the licensing
authority determines that continuation of the order is no longer appropriate or
that the standards set forth in paragraph (A) of this rule are no longer met,
the director or health commissioner of the licensing authority shall modify or
revoke the order. (G) The owner or operator may request to
terminate an order extending the post-closure care period at any time after
issuance. (1) A request to
terminate shall be submitted in writing to the director or health commissioner
of the licensing authority and include a demonstration of the
following: (a) That all obligations
in the order have been satisfied. (b) Utilizing the
standard set forth in paragraph (A) of this rule, that continuation of the
order is no longer appropriate. (2) The director or
health commissioner of the licensing authority shall send the owner or operator
a written acknowledgment of receipt of the termination request not later than
fourteen days after the request is received. (3) The director or
health commissioner of the licensing authority shall notify the owner of any
deficiencies in the termination request not later than sixty days after
receipt. (4) The director or
health commissioner of the licensing authority may terminate an order issued
pursuant to this rule if the termination request demonstrates to the
satisfaction of the director or health commissioner of the licensing authority
that all obligations in the order have been satisfied and, utilizing the
standard set forth in paragraph (A) of this rule, continuation of the order is
no longer appropriate.
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Rule 3745-400-18 | Financial assurance for post-closure care of construction and demolition debris facilities.
Effective:
February 10, 2018
(A) The owner or operator of a
construction and demolition debris facility shall establish and maintain
financial assurance for post-closure care of the facility as required by this
rule. Financial assurance may be established and maintained through the use of
one of the options specified in paragraphs (B) to (F) of this rule, unless it
is demonstrated to the satisfaction of the director or health commissioner of
the licensing authority that an alternate option will guarantee funding for
post-closure care. The owner or operator may use the options in combination as
specified in paragraph (G) of this rule. (1) Post-closure care
cost estimate. Financial assurance documentation shall include an itemized
written post-closure care cost estimate that calculates the cost of conducting
the post-closure care activities required by rule 3745-400-16 of the
Administrative Code for all active licensed disposal areas and for all inactive
licensed disposal areas containing debris. The amount shall be calculated in
current dollars and be based upon a third party conducting all of the
post-closure care activities required by rule 3745-400-16 of the Administrative
Code. The owner or operator may demonstrate that the
post-closure care cost estimate is based upon a third party conducting all of
the post-closure care activities as required by rule 3745-400-16 of the
Administrative Code by submitting one of the following: (a) Three separate cost quotes from three independent
entities that are each valid for the applicable license year. (b) Invoices for specified services incurred by the owner
or operator at the facility over the previous license year, accompanied by
documentation that the entity will continue to offer the service at the same
cost for the applicable license year. (c) Other documentation acceptable to the director or
health commissioner of the licensing authority. [Comment: Various aids are available to assist
owners and operators in the development of financial assurance cost estimates
through the Ohio EPA web page or by contacting Ohio EPA. Aides include but are
not limited to recorded training on C&DD facility cost estimation, the
"Financial Assurance Cost Estimation (FACE) spreadsheet," and
"Financial Assurance FAQ's for Ohio C&DD
Facilities."] (2) Amount and funding of
financial assurance. Post-closure care financial assurance shall be funded in
an amount not less than the post-closure care cost estimate calculated in
accordance with paragraph (A)(1) of this rule. If the funded post-closure care
financial assurance for the facility is less than the post-closure care cost
estimate, the owner or operator shall fund an amount not less than the
post-closure care cost estimate not later than thirty days after each of the
following: (a) License issuance. (b) The updated post-closure care financial assurance
documentation required by paragraph (E)(11) of rule 3745-400-12 of the
Administrative Code. (c) The updated post-closure care financial assurance
documentation required by paragraph (E)(7) of rule 3745-400-16 of the
Administrative Code. If a portion of the increase in the
post-closure care cost estimate is due to the addition of active licensed
disposal area for which a construction certification report has not been
submitted in accordance with rule 3745-400-08 of the Administrative Code, the
owner or operator may delay funding that portion of the post-closure care cost
estimate necessary to conduct post-close activities for that uncertified active
licensed disposal area until the date of submittal of the construction
certification report. The owner or operator shall use any single or combination
of financial assurance instruments as specified in paragraphs (B) to (F) of
rule 3745-400-13 of the Administrative Code. (3) Review of
post-closure care financial assurance. (a) The post-closure cost care estimate shall be recalculated for
each of the following: (i) Renewal of the annual
license application. (ii) Any application for
a facility modification (iii) Prior to submittal
of the updated post-closure care financial assurance documentation required by
paragraph (E)(11) of rule 3745-400-12 of the Administrative Code. (iv) Prior to submittal
of the updated post-closure care financial assurance documentation required by
paragraph (E)(7) of rule 3745-400-16 of the Administrative Code. (b) The post-closure cost care estimate shall be recalculated if
there is a change in the acreage of the active licensed disposal area or
inactive licensed disposal area containing debris. (c) If there is no change in the acreage of the active licensed
disposal area or inactive licensed disposal area containing debris, the owner
or operator may as an alternative to recalculating the post-closure care cost
estimate, adjust the post-closure cost estimate established in the
facility's most recent issued license for inflation in accordance with
paragraph (A)(3)(d) of this rule. (d) Adjustment of the post-closure cost estimate for inflation.
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 deflator for the previous year. (i) The first adjustment
is made by multiplying the post-closure care cost estimate by the inflation
factor. The result is the adjusted post-closure care cost
estimate. (ii) Subsequent
adjustments are made by multiplying the most recently adjusted post-closure
care cost estimate by the most recent inflation factor. (e) The amount of financial assurance shall not be less than the
recalculated post-closure cost estimate for each renewal of the annual license
application, application for a facility modification, submittal of the updated
post-closure care financial assurance documentation required by paragraph
(E)(11) of rule 3745-400-12 of the Administrative Code, and submittal of the
updated post-closure care financial assurance documentation required by
paragraph (E)(7) of rule 3745-400-16 of the Administrative Code. Established
and funded financial assurance may be utilized to fulfill the financial
assurance requirements if the dollar amount of the financial assurance is equal
to or greater than the amount required in paragraph (A) of this
rule. (4) Post-closure care
financial assurance documentation shall also include the original copy of the
financial assurance instruments necessary to achieve compliance with the
financial assurance provisions of this rule. The wording contained in the
instruments shall be in accordance with the appropriate paragraph of rule
3745-400-14 of the Administrative Code, unless an option other than those
specified in paragraphs (B) to (F) of this rule is proposed. (5) Release of funds.
Reimbursement shall be made as follows: (a) Release of funds prior to completion of post-closure care.
The owner or operator, or any other person authorized to perform post-closure
care activities on behalf of the owner or operator, may request and receive
authorization for reimbursement from or a reduction of the financial assurance
required under this rule. In accordance with paragraph (A)(3)(e) of this rule,
the amount of financial assurance remaining shall not be less than the
recalculated post-closure care cost estimate. A request for reimbursement from
or reduction of financial assurance shall be submitted to the director or
health commissioner of the licensing authority and include the
following: (i) The amount of reimbursement or reduction of the financial
assurance calculated based upon the unit cost of the completed post-closure
care activities contained in the current approved financial assurance cost
estimate. (ii) A post-closure care cost estimate recalculated in accordance
with paragraph (A)(1) of this rule. (iii) A comparison of the recalculated post-closure care cost
estimate to the amount of financial assurance remaining if the requested amount
of reimbursement or reduction of the financial assurance is released or
reduced. (b) Release of funds after completion of post-closure care
period. The owner or operator or any other person authorized to perform
post-closure care activities may request and receive authorization for
reimbursement of all remaining funds or termination of the financial assurance
required under this rule after post-closure care has been completed in
accordance with rule 3745-400-16 of the Administrative Code. (c) The director or health commissioner of the licensing
authority shall make a determination not later than ninety days after receipt
of a complete request. (B) Post-closure care trust
fund. (1) The owner or operator
may satisfy the requirements of this rule by establishing a post-closure care
trust fund that conforms to this rule and by submitting an originally signed
duplicate of the trust agreement to the director or health commissioner of the
licensing authority. The trustee shall be an entity that has the authority to
act as a trustee and whose trust operations are regulated and examined by a
federal or state agency. (2) The wording of the
trust agreement shall be identical to the wording specified in paragraph (A)(1)
of rule 3745-400-14 of the Administrative Code and the trust agreement shall be
accompanied by a formal certification of acknowledgment. (3) Unless the owner or
operator is delaying funding of a portion of the post-closure cost estimate
until submittal of a construction certification report in accordance with
paragraph (A)(2) of this rule, the owner or operator shall fully fund the total
dollar amount of the trust fund not later than thirty days after each of the
following: (a) License issuance. (b) The updated post-closure care financial assurance
documentation required by paragraph (E)(11) of rule 3745-400-12 of the
Administrative Code. (c) The updated post-closure care financial assurance
documentation required by paragraph (E)(7) of rule 3745-400-16 of the
Administrative Code. The owner or operator shall submit to the
director or health commissioner of the licensing authority a receipt from the
trustee for the deposit made into the trust fund. (4) If the owner or
operator establishes a post-closure care trust fund to replace one or more
alternative mechanisms specified in this rule, the owner or operator shall
fully fund the trust fund in an amount at least equal to the post-closure care
cost estimate determined in accordance with paragraph (A) of this
rule. (5) The owner or
operator, or any other person authorized to perform post-closure care, may
request release of funds for post-closure care expenditures in accordance with
paragraph (A)(5) of this rule. The director or health commissioner of the
licensing authority shall calculate in accordance with paragraph (A)(5) of this
rule the amount to be released and shall instruct the trustee, in writing, to
make such release. (6) The director or
health commissioner of the licensing authority shall agree to termination of
the trust fund when either of the following occurs: (a) The owner or operator substitutes alternative financial
assurance for post-closure care as specified in this rule. (b) The director or health commissioner of the licensing
authority notifies the owner or operator that the owner or operator is no
longer required by this rule to maintain financial assurance for post-closure
care of the construction and demolition debris facility. (C) Surety bond guaranteeing payment into
a post-closure care trust fund. (1) The owner or operator
may satisfy the requirements of this rule by obtaining a surety bond that
conforms to this rule and by submitting the originally signed surety bond to
the director or health commissioner of the licensing authority. At a minimum,
the surety bond company issuing the surety bond shall be among those listed as
acceptable sureties on federal bonds in the most recent listing of approved
sureties as published by the U.S. department of the treasury. (2) The wording of the
surety bond shall be identical to the wording specified in paragraph (B) of
rule 3745-400-14 of the Administrative Code. (3) The owner or operator
who uses a surety bond to satisfy the requirements of this rule shall also
establish a standby trust fund not later than the date the surety bond is
obtained. Under the terms of the surety bond, all payments made thereunder
shall be deposited by the surety bond company directly into the standby trust
fund in accordance with instructions from the director or health commissioner
of the licensing authority. This standby trust fund shall meet the requirements
specified in paragraph (B) of this rule, except as follows: (a) An originally signed duplicate of the trust agreement shall
be submitted to the director or health commissioner of the licensing authority
with the surety bond. (b) Until the standby trust fund is funded, pursuant to the
requirements of this rule, a deposit into the standby trust fund as specified
in paragraph (B) of this rule is not required. (4) The surety bond shall
guarantee that the owner or operator will do one of the following: (a) Fund the standby trust fund in an amount equal to the penal
sum of the surety bond before the beginning of post-closure care. (b) Fund the standby trust fund in an amount equal to the penal
sum of the surety bond not later than fifteen days after post-closure care is
required in accordance with paragraph (A) of rule 3745-400-16 of the
Administrative Code. (c) Provide alternative financial assurance as specified in this
rule and obtain written approval of the alternative financial assurance from
the director or health commissioner of the licensing authority not later than
ninety days after both the owner or operator and the director or health
commissioner of the licensing authority receive notice of cancellation of the
surety bond from the surety bond company. (5) Under the terms of
the surety bond, the surety bond company shall become liable on the surety bond
obligation when the owner or operator fails to perform as guaranteed by the
surety bond. (6) Except as provided in
paragraph (G) of this rule, the penal sum of the surety bond shall be in an
amount at least equal to the post-closure care cost estimate determined in
accordance with paragraph (A) of this rule. (7) Under the terms of
the surety bond, the surety bond shall remain in full force and effect unless
the surety bond company sends written notice of cancellation by certified mail
or other form of mail accompanied by a receipt to the owner or operator, the
director, and the health commissioner of the licensing authority. Cancellation
shall not occur during the one hundred twenty day period beginning on the first
day that the owner or operator, the director, and the health commissioner of
the licensing authority have received the notice of cancellation, as evidenced
by the return receipts. (8) The owner or operator
may cancel the surety bond if the director or health commissioner of the
licensing authority has given prior written approval. The director or health
commissioner of the licensing authority shall provide such written approval
when one of the following occurs: (a) The owner or operator substitutes alternative financial
assurance for post-closure care as specified in this rule. (b) The director or health commissioner of the licensing
authority notifies the owner or operator that the owner or operator is no
longer required to maintain financial assurance for post-closure care of the
construction and demolition debris facility. (D) Surety bond guaranteeing performance
of post-closure care. (1) The owner or operator
may satisfy the requirements of this rule by obtaining a surety bond that
conforms to this rule and by submitting the originally signed surety bond to
the director or health commissioner of the licensing authority. The surety bond
company issuing the surety bond shall at a minimum be among those listed as
acceptable sureties on federal bonds in the most recent listing of approved
sureties as published by the U.S. department of the treasury. (2) The wording of the
surety bond shall be identical to the wording specified in paragraph (C) of
rule 3745-400-14 of the Administrative Code. (3) The owner or operator
who uses a surety bond to satisfy the requirements of this rule shall also
establish a standby trust fund not later than the date the surety bond is
obtained. Under the terms of the surety bond, all payments made thereunder
shall be deposited by the surety bond company directly into the standby trust
fund in accordance with instructions from the director or health commissioner
of the licensing authority. This standby trust fund shall meet the requirements
specified in paragraph (B) of this rule except as follows: (a) An originally signed duplicate of the trust agreement shall
be submitted to the director or health commissioner of the licensing authority
with the surety bond. (b) Until the standby trust fund is funded, pursuant to the
requirements of this rule, a deposit into the standby trust fund as specified
in paragraph (B) of this rule is not required. (4) The surety bond shall
guarantee that the owner or operator shall do one of the
following: (a) Perform post-closure care in accordance with rule 3745-400-16
of the Administrative Code and other requirements of any authorizing
documents. (b) Provide alternative financial assurance as specified in this
rule, and obtain written approval of the alternative financial assurance from
the director or health commissioner of the licensing authority not later than
ninety days after the owner or operator and the director and health
commissioner of the licensing authority receive notice of cancellation of the
surety bond from the surety bond company, as evidenced by the return
receipts. (5) Under the terms of
the surety bond, the surety bond company shall become liable on the surety bond
obligation when the owner or operator fails to perform as guaranteed by the
surety bond. Following a determination by the director or health commissioner
of the licensing authority that the owner or operator has failed to perform
post-closure care activities in accordance with rule 3745-400-16 of the
Administrative Code and requirements of any authorizing documents, the surety
bond company shall perform post-closure care activities in accordance with rule
3745-400-16 of the Administrative Code and requirements of any authorizing
documents or shall deposit the amount of the penal sum of the surety bond into
the trust fund. (6) The penal sum of the
surety bond shall be in an amount at least equal to the post-closure care cost
estimate determined in accordance with paragraph (A) of this rule. (7) Under the terms of
the surety bond, the surety bond shall remain in full force and effect unless
the surety bond company sends written notice of cancellation by certified mail
or other form of mail accompanied by a receipt to the owner or operator, the
director, and the health commissioner of the licensing authority. Cancellation
shall not occur during the one hundred twenty day period beginning on the first
day that the owner or operator, the director, and the health commissioner of
the licensing authority have received the notice of cancellation, as evidenced
by the return receipts. (8) The owner or operator
may cancel the surety bond if the director or health commissioner of the
licensing authority has given prior written approval. The director or health
commissioner of the licensing authority shall provide such written approval
when one of the following occurs: (a) The owner or operator substitutes alternative financial
assurance for post-closure care as specified in this rule. (b) The director or health commissioner of the licensing
authority notifies the owner or operator that the owner or operator is no
longer required to maintain financial assurance for post-closure care of the
construction and demolition debris facility. (9) The surety bond
company shall not be liable for deficiencies in the completion of post-closure
care activities by the owner or operator after the owner or operator has been
notified by the director or health commissioner of the licensing authority in
accordance with this rule that the owner or operator is no longer required to
maintain financial assurance for post-closure care of the construction and
demolition debris facility. (E) Post-closure care letter of
credit. (1) The owner or operator
may satisfy the requirements of this rule by obtaining an irrevocable standby
letter of credit that conforms to the requirements of this rule and by having
the originally signed letter of credit delivered to the director or health
commissioner of the licensing authority. The issuing institution shall be an
entity that has the authority to issue letters of credit and whose letter of
credit operations are regulated and examined by a federal or state
agency. (2) The wording of the
letter of credit shall be identical to the wording specified in paragraph (D)
of rule 3745-400-14 of the Administrative Code. (3) An owner or operator
who uses a letter of credit to satisfy the requirements of this rule shall also
establish a standby trust fund not later than the date the letter of credit is
obtained. Under the terms of the letter of credit, all amounts paid pursuant to
a draft by the director or health commissioner of the licensing authority shall
be deposited directly by the issuing institution into the standby trust fund in
accordance with instructions from the director or health commissioner of the
licensing authority. The standby trust fund shall meet the requirements of the
trust fund specified in paragraph (B) of this rule, except as
follows: (a) An originally signed duplicate of the trust agreement shall
be submitted to the director or health commissioner of the licensing authority
with the letter of credit. (b) Until the standby trust fund is funded, pursuant to the
requirements of this rule, a deposit into the standby trust fund as specified
in paragraph (B) of this rule is not required. (4) The letter of credit
shall be accompanied by a letter from the owner or operator referring to the
letter of credit by number, issuing institution, and date, and providing the
following information: the names and addresses of the construction and
demolition debris facility and the owner or operator, and the amount of funds
assured for post-closure care of the construction and demolition debris
facility by the letter of credit. (5) The letter of credit
shall be irrevocable and issued for a period of at least one year. The letter
of credit shall provide that the expiration date shall be automatically
extended for a period of at least one year unless, not later than one hundred
twenty days prior to the current expiration date, the issuing institution
notifies the owner or operator, the director, and the health commissioner of
the licensing authority by certified mail or any other form of mail accompanied
by a receipt of a decision not to extend the expiration date. Under the terms
of the letter of credit, the one hundred twenty day period shall begin on the
day when the owner or operator, the director, and the health commissioner of
the licensing authority have received the notice, as evidenced by the return
receipts. (6) Except as provided in
paragraph (G) of this rule, the letter of credit shall be in an amount at least
equal to the post-closure care cost estimate determined in accordance with
paragraph (A) of this rule. (7) Following a
determination that the owner or operator has failed to perform post-closure
care activities in accordance with rule 3745-400-16 of the Administrative Code
and the requirements of any authorizing documents, the director or health
commissioner of the licensing authority may draw on the letter of
credit. (8) If the owner or
operator does not establish alternative financial assurance as specified in
this rule and obtain written approval of such alternative financial assurance
from the director or health commissioner of the licensing authority not later
than ninety days after the owner or operator, the director, and the health
commissioner of the licensing authority have received notice from the issuing
institution that it shall not extend the letter of credit beyond the current
expiration date, the director or health commissioner of the licensing authority
shall draw on the letter of credit. The director or health commissioner of the
licensing authority may delay the drawing if the issuing institution grants an
extension of the term of the credit. During the final thirty days of any such
extension, the director or health commissioner of the licensing authority shall
draw on the letter of credit if the owner or operator has failed to provide
alternative financial assurance as specified in this rule and has failed to
obtain written approval of such alternative financial assurance from the
director or health commissioner of the licensing authority. (9) The director or
health commissioner of the licensing authority shall return the original letter
of credit to the issuing institution for termination when one of the following
occurs: (a) The owner or operator substitutes alternative financial
assurance for post-closure care as specified in this rule. (b) The director or health commissioner of the licensing
authority notifies the owner or operator that the owner or operator is no
longer required to maintain financial assurance for post-closure care of the
construction and demolition debris facility. (F) Post-closure care
insurance. (1) The owner or operator
may satisfy the requirements of this rule by obtaining post-closure care
insurance that conforms to this rule and by submitting an originally signed
certificate of such insurance to the director or health commissioner of the
licensing authority. (2) The owner or operator
using insurance as a financial assurance mechanism shall submit documentation
to the director or health commissioner of the licensing authority stating
whether the insurer is a subsidiary or has a corporate, legal, or financial
affiliation with the owner or operator. If the post-closure care insurance is
issued by a subsidiary or affiliate, the owner or operator shall include a
detailed written description of the relationship between the insurer and the
owner or operator. (3) An insurer issuing an
insurance policy to satisfy the requirements of this rule shall be licensed to
transact the business of insurance, or eligible to provide insurance as an
excess or surplus lines insurer, in one or more states. The owner or operator
shall submit to the director or health commissioner of the licensing authority
the following information regarding the insurer's
qualifications: (a) The most recent A.M. Best rating of the insurer. (b) Documentation demonstrating that the insurer is domiciled in
the United States. (c) The most recent report on examination from the insurance
department from the insurer's state of domicile. (d) Documentation demonstrating that the insurer has capital and
surplus of at least one hundred million dollars. (e) Documentation demonstrating that the insurer received an
unqualified opinion of the insurer's annual financial statements from an
independent certified public accountant. (4) The director or
health commissioner of the licensing authority may disallow use of the insurer
by the owner or operator on the basis of one or more of the
following: (a) The A.M. Best rating is less than A-. (b) The report on examination does not demonstrate that the
status of the insurer is satisfactory. (c) The opinion expressed by the independent certified public
accountant in the report on examination of the insurer's financial
statements. (5) The wording of the
certificate of insurance shall be identical to the wording specified in
paragraph (E) of rule 3745-400-14 of the Administrative Code. (6) Except as provided in
paragraph (G) of this rule, the post-closure care insurance policy shall be
issued for a face amount at least equal to the amount of the post-closure care
cost estimate determined in accordance with paragraph (A) of this rule. The
face amount shall be the total amount the insurer is obligated to pay under the
policy. Actual payments by the insurer shall not change the face amount, but
the insurer's future liability shall be lowered by the amount of the
payments. (7) The post-closure care
insurance policy shall guarantee that funds shall be available to conduct
post-closure care of the construction and demolition debris facility whenever
post-closure care begins. The policy shall also guarantee that once
post-closure care of the construction and demolition debris facility begins,
the insurer shall be responsible for paying out funds, up to an amount equal to
the face amount of the policy, upon the direction of the director or health
commissioner of the licensing authority, to such party or parties as the
director or health commissioner of the licensing authority
specifies. (8) After beginning
post-closure care, the owner or operator, or any other person authorized to
perform post-closure care activities, may request reimbursement for
post-closure care expenditures. The director or health commissioner of the
licensing authority shall calculate in accordance with paragraph (A) of this
rule the amount to be reimbursed and shall instruct the insurer, in writing, to
make such reimbursement. (9) The owner or operator
shall maintain the policy in full force and effect until the director or health
commissioner of the licensing authority consents to termination of the policy
by the owner or operator as specified in paragraph (F)(13) of this rule.
Failure to pay the premium, without substitution of alternative financial
assurance as specified in this rule, constitutes a violation of these rules,
warranting such remedy as the director or health commissioner of the licensing
authority deems necessary. Such violation shall be deemed to begin upon receipt
by the director or health commissioner of the licensing authority of a notice
of future cancellation, termination, or failure to renew due to nonpayment of
the premium, rather than upon the date of expiration. (10) Each policy shall
contain a provision allowing assignment of the policy to a successor owner or
operator. Such assignment may be conditional upon consent of the insurer,
provided such consent is not unreasonably refused. (11) The policy shall
provide that the insurer may not cancel, terminate, or fail to renew the policy
except for failure to pay the premium. The automatic renewal of the policy
shall at a minimum provide the insured with the option of renewal at the face
amount of the expiring policy. If there is a failure to pay the premium, the
insurer may elect to cancel, terminate, or fail to renew the policy by sending
written notice by certified mail or other form of mail accompanied by a receipt
to the owner or operator, the director, and the health commissioner of the
licensing authority not later than one hundred twenty days prior to the date of
cancellation, termination, or failure to renew. Cancellation, termination, or
failure to renew shall not occur during the one hundred twenty day period
beginning on the first day that the owner or operator, the director, and the
health commissioner of the licensing authority have received the notice, as
evidenced by the return receipts. (12) If the director or
health commissioner of the licensing authority disallows use of the insurer,
the owner or operator shall provide alternative financial assurance as
specified in this rule not later than thirty days after notification of the
disallowance of the insurer. (13) The director or
health commissioner of the licensing authority shall give written approval that
the owner or operator may terminate the insurance policy when one of the
following occurs: (a) The owner or operator substitutes alternative financial
assurance for post-closure care as specified in this rule. (b) The director or health commissioner of the licensing
authority notifies the owner or operator that the owner or operator is no
longer required to maintain financial assurance for post-closure care of the
construction and demolition debris facility. (G) Use of multiple financial assurance
mechanisms. The owner or operator may satisfy the requirements of this rule by
establishing more than one financial assurance mechanism for the construction
and demolition debris facility. The mechanisms are limited to trust funds,
surety bonds guaranteeing payment into a post-closure care trust fund, letters
of credit, and insurance. The mechanisms shall conform to paragraphs (B), (C),
(E), and (F) of this rule, except that it is the combination of mechanisms,
rather than each single mechanism, that shall provide financial assurance for
an amount at least equal to the post-closure care cost estimate calculated in
accordance with paragraph (A) of this rule. If the owner or operator uses a
trust fund in combination with a surety bond or a letter of credit, the owner
or operator may use the trust fund as the standby trust fund for the other
mechanisms. A single standby trust fund may be established for two or more
mechanisms. The director or health commissioner of the licensing authority may
invoke use of any or all of the mechanisms in accordance with paragraphs (B),
(C), (E), and (F) of this rule to provide for post-closure care of the
construction and demolition debris facility.
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Rule 3745-400-20 | Leachate sampling and analysis and additional requirements to monitor ground water for leachate parameters.
Effective:
February 10, 2018
(A) Leachate sampling and analysis.
Throughout the operation, closure, and post-closure care, the owner or operator
shall do the following: (1) Sample and test
leachate in accordance with the following unless the facility was licensed and
operating on December 22, 2005, and was not required to have a leachate
monitoring system on that date. For the purposes of this rule, a "leachate
monitoring system" is any leachate collection system that includes sump
risers or other access that can be used for collecting samples of
leachate. (a) Sampling frequency. (i) The owner or operator
shall sample leachate at the facility at least annually. (ii) If the owner or
operator recirculates leachate after January 1, 2013, the owner or operator
shall sample leachate at the facility at least quarterly. (b) Sampling locations. (i) At least annually the
owner or operator shall obtain at least one representative leachate sample from
a minimum of one sump collecting leachate from areas of the facility containing
disposed material. Within every five year period, the owner or operator shall
obtain at least one representative leachate sample from each sump collecting
leachate from areas of the facility containing disposed material. (ii) At least quarterly
the owner or operator that has recirculated leachate through a facility after
January 1, 2013 shall obtain at least one representative leachate sample from
each sump capable of collecting leachate from such areas of the facility
receiving the recirculated leachate. [Comment: The director or health commissioner
of the licensing authority may utilize authority under section 3714.04 of the
Revised Code to specify different sampling locations and frequencies than
required by this rule as deemed appropriate.] (c) Field analysis. During each leachate sampling event, the
owner or operator shall measure the pH, specific conductance, temperature, and
turbidity for each sump from which a sample is taken. (d) Laboratory analysis. (i) The owner or operator
shall analyze each leachate sample for the parameters listed in rule
3745-400-21 of the Administrative Code. (ii) The practical
quantitation limit (PQL) used for laboratory analysis shall be the
following: (a) The lowest
concentration level that can be reliably achieved during routine laboratory
operating conditions that are reasonably available for the analytical method
chosen by the owner or operator, unless paragraph (A)(1)(d)(iii) of this rule
applies. (b) Lower than the
primary drinking water standard for the parameter included in Chapter 3745-81
of the Administrative Code, if one exists, and the secondary drinking water
standard for the parameter included in Chapter 3745-82 of the Administrative
Code, if one exists, unless paragraph (A)(1)(d)(iii) of this rule
applies. (iii) If the PQL does not
comply with paragraph (A)(1)(d)(ii) of this rule, the owner or operator shall
do one of the following: (a) Choose alternative
sampling or analytical procedures or choose an alternative analytical method
that will result in a PQL that complies with paragraph (A)(1)(d)(ii) of this
rule and reanalyze the sample or resample. (b) Identify and report
interferences that prevent the use of a PQL meeting the requirements of
paragraph (A)(1)(d)(ii) of this rule and provide a written justification in the
leachate report why the use of another procedure or method in accordance with
paragraph (A)(1)(d)(iii)(a) of this rule is impractical. (c) Conclude that the
parameter has been detected in leachate for the purpose of conducting ground
water detection monitoring in accordance with paragraph (B) of this
rule. (e) Submitting the sampling and analysis results. The owner or
operator shall submit to the director and the health commissioner of the
licensing authority the following information not later than seventy-five days
after each leachate sampling event: (i) The results of the
field analysis required by paragraph (A)(1)(c) of this rule. (ii) The results of the
laboratory analysis of the parameters listed in rule 3745-400-21 of the
Administrative Code in the same order as listed in rule 3745-400-21 of the
Administrative Code. (iii) Identification of the leachate parameters required by
paragraph (B) of this rule to be monitored in ground water. (iv) Quality control data used by the laboratory to determine
whether the analysis results are accurate. (v) The method detection limits, PQLs, and analysis methods
used. (vi) Forms in the leachate sampling and analysis plan that were
completed during leachate sampling and analysis. (2) Develop and comply
with a leachate sampling and analysis plan that contains the
following: (a) A description of the equipment, procedures, and techniques to
be used to sample and analyze leachate in accordance with this rule. Sample
collection, preservation, and handling methods described in the plan shall
provide for collection of representative samples of leachate. [Comment: The owner or operator is not
required to include references to specific laboratory analysis methods,
specific method detection limits, or specific practical quantitation limits in
the leachate sampling and analysis plan.] (b) Blank forms to be used to record the information obtained
during leachate sampling and analysis including at a minimum the following
types of forms: (i) Forms for recording
field analysis results and conditions encountered at the facility during a
sampling event. (ii) Forms for recording
the chain of custody of leachate samples. (B) Additional requirements to monitor
ground water for leachate parameters. (1) The owner or operator
of a facility with a ground water monitoring system and a leachate monitoring
system that can be used for conducting the leachate sampling required by
paragraph (A) of this rule shall monitor ground water for parameters that have
been detected in the facility's leachate. (2) If Ohio EPA or the
licensing authority has detected a parameter listed in rule 3745-400-21 of the
Administrative Code through conducting sampling in accordance with paragraph
(A) of this rule with the exclusion of paragraph (A)(1)(d)(iii)(c), Ohio EPA or
the licensing authority may require that the owner or operator add a parameter
listed in rule 3745-400-21 of the Administrative Code that is detected by the
Ohio EPA or the licensing authority to the ground water monitoring parameter
list. (3) The owner or operator of a facility
that has a ground water monitoring system and does not have a leachate
monitoring system that can be used for conducting the leachate sampling
required by paragraph (A) of this rule shall monitor ground water for the
parameters listed in rule 3745-400-21 of the Administrative Code. (4) The owner or operator shall monitor
ground water for the additional parameters required by this rule in accordance
with rule 3745-400-10 of the Administrative Code. [Comment: The director or the health commissioner
of the licensing authority may utilize authority under section 3714.04 of the
Revised Code should the addition of parameters required by this paragraph no
longer be determined appropriate.]
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Rule 3745-400-21 | Construction and demolition debris facility - leachate sampling and ground water monitoring parameter list.
Effective:
January 1, 2017
This rule contains the common names of parameters that are widely used in government regulation, scientific publications, and commerce. However, synonyms may exist for many parameters. The chemical abstract service registry number (CAS RN) for each parameter has been provided. (A) Metals and cyanide. The metals include all species in leachate or ground water that contain the element and laboratory analysis shall be for total metals. | Parameter: | CAS RN: | | 1) Aluminum | 7429-90-5 | | 2) Antimony | 7440-36-0 | | 3) Arsenic | 7440-38-2 | | 4) Barium | 7440-39-3 | | 5) Beryllium | 7440-41-7 | | 6) Cadmium | 7440-43-9 | | 7) Chromium | 7440-47-3 | | 8) Copper | 7440-50-8 | | 9) Cyanide (free) | 57-12-5 | | 10) Mercury | 7439-97-6 | | 11) Nickel | 7440-02-0 | | 12) Selenium | 7782-49-2 | | 13) Strontium | 7440-24-6 | | 14) Thallium | 7440-28-0 | | 15) Vanadium | 7440-62-2 |
Note: The free species of cyanide is the required species to be analyzed for in leachate or ground water samples collected to meet the requirements of this rule. (B) Inorganic water quality parameters. | Parameter: | CAS RN: | | 16) Ammonia | 7664-41-7 | | 17) Calcium | 7440-70-2 | | 18) Chloride | 16887-00-6 | | 19) Magnesium | 7439-95-4 | | 20) Potassium | 7440-09-7 | | 21) Sodium | 7440-23-5 | | 22) Sulfate | 14808-79-8 |
(C) Other inorganic parameters. | Parameter: | CAS RN: | | 23) Boron | 7440-42-8 | | 24) Iron | 7439-89-6 | | 25) Manganese | 7439-96-5 | | 26) Nitrate/Nitrite | | | 27) Total alkalinity | | | 28) Total dissolved solids | |
(D) Volatile organic compounds. | Parameter: | CAS RN: | | 29) Acetone; 2-Propanone | 67-64-1 | | 30) Benzene | 71-43-2 | | 31) Bromodichloromethane; Dibromochloromethane | 75-27-4 | | 32) Carbon disulfide | 75-15-0 | | 33) Carbon tetrachloride; Tetrachloromethane | 56-23-5 | | 34) Chlorobenzene | 108-90-7 | | 35) Chloroethane; Ethyl chloride | 75-00-3 | | 36) Chloroform; Trichloromethane | 67-66-3 | | 37) 2-Chlorotoluene | 95-49-8 | | 38) 4-Chlorotoluene | 106-43-4 | | 39) o-Dichlorobenzene; 1,2-Dichlorobenzene | 95-50-1 | | 40) p-Dichlorobenzene; 1,4-Dichlorobenzene | 106-46-7 | | 41) Dichlorodifluoromethane; CFC-12 | 75-71-8 | | 42) 1,1-Dichloroethane; Ethylidene chloride | 75-34-3 | | 43) 1,2-Dichloroethane; Ethylene dichloride | 107-06-2 | | 44) 1,1-Dichloroethylene; 1,1-Dichloroethene; Vinylidene chloride | 75-35-4 | | 45) cis-1,2-Dichloroethylene; cis-1,2-Dichloroethene | 156-59-2 | | 46) trans-1,2-Dichloroethylene; trans-1,2-Dichloroethene | 156-60-5 | | 47) 1,2-Dichloropropane; Propylene dichloride | 78-87-5 | | 48) 1,1-Dichloropropene; 1,1-Dichloro-1-propene | 563-58-6 | | 49) Ethylbenzene | 100-41-4 | | 50) 2-Hexanone; Methyl butyl ketone | 591-78-6 | | 51) Isopropylbenzene; Cumene | 98-82-8 | | 52) 4-Isopropyltoluene; p-Isopropyltoluene | 99-87-6 | | 53) Methyl chloride; Chloromethane | 74-87-3 | | 54) Methyl ethyl ketone; MEK; 2-Butanone | 78-93-3 | | 55) 4-Methyl-2-pentanone; Methyl isobutyl ketone | 108-10-1 | | 56) Methylene chloride; Dichloromethane | 75-09-2 | | 57) N-Butylbenzene | 104-51-8 | | 58) N-Propylbenzene | 103-65-1 | | 59) Naphthalene | 91-20-3 | | 60) Sec-Butylbenzene | 135-98-8 | | 61) Styrene; Ethenylbenzene | 100-42-5 | | 62) Tert-Butylbenzene | 98-06-6 | | 63) 1,1,1,2-Tetrachloroethane | 630-20-6 | | 64) Tetrachloroethylene; Tetrachloroethene; Perchloroethylene | 127-18-4 | | 65) Toluene; Methylbenzene | 108-88-3 | | 66) 1,2,3-Trichlorobenzene | 87-61-6 | | 67) 1,2,4-Trichlorobenzene | 120-82-1 | | 68) 1,1,1-Trichloroethane; Methylchloroform | 71-55-6 | | 69) Trichloroethylene; Trichloroethene | 79-01-6 | | 70) Trichlorofluoromethane; CFC-11 | 75-69-4 | | 71) 1,2,4-Trimethylbenzene | 95-63-6 | | 72) 1,3,5-Trimethylbenzene | 108-67-8 | | 73) Vinyl chloride; Chloroethene | 75-01-4 | | 74) Xylene (total); Dimethylbenzene | See note |
Note: Xylene (total): Where "total" is entered, all species in leachate or ground water that contain this element are included. This entry includes o-xylene (CAS RN 96-47-6), m-xylene (CAS RN 108-38-3), p-xylene (CAS RN 106-42-3), and unspecified xylenes (dimethylbenzenes) (CAS RN 1330-20-7).
Last updated September 9, 2024 at 3:02 PM
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Rule 3745-400-26 | Operator certification.
(A) An individual meeting the
qualifications contained in paragraph (B) of this rule may submit an
application for certification as a certified operator. Upon issuance of a
certification by the director, the individual is a certified operator and may
renew the certification in accordance with paragraph (F) of this
rule. (B) Qualifications. An applicant for
certification or a certified operator for a construction and demolition debris
facility or construction and demolition debris processing facility shall at a
minimum meet the following qualifications: (1) Have twelve months of work experience
pertaining to the day to day operations at either a construction and demolition
debris facility or construction and demolition debris processing facility as
defined in rule 3745-400-01 of the Administrative Code, a sanitary landfill
facility as defined in Chapter 3745-27 of the Administrative Code, or other
experience deemed acceptable by the director. (2) Obtain a minimum of ten credit hours
of approved education training prior to certification and annually upon
certification. The education training credit hours shall be completed in
accordance with this rule and consist of the following: (a) A minimum of two credit hours on the laws governing
construction and demolition debris facilities, construction and demolition
debris processing facilities, and disposal and transfer of construction and
demolition debris. (b) A minimum of six credit hours on best management practices
including but not limited to operation and maintenance of a construction and
demolition debris facility or a construction and demolition debris processing
facility. (C) Application. (1) An applicant for
certification shall submit to the director a complete application on forms
prescribed by the director that at a minimum includes copies of records
verifying that the applicant has met the requirements specified in paragraph
(B) of this rule. (2) An incomplete
application shall not be considered. Not later than thirty days after the
receipt of an incomplete application, the applicant shall be notified of the
nature of the deficiency and the refusal by the director to consider the
application until the deficiency is rectified and the application
completed. (D) Issuance. The director shall issue or
renew a certification to an applicant after the applicant has submitted a
complete and accurate application in accordance with paragraph (C) of this
rule, unless the application is denied in accordance with paragraph (G) of this
rule. (E) Education training program. The
director shall approve programs to fulfill the education training requirements
for certified operators in accordance with this rule and section 3714.062 of
the Revised Code. (1) A person who is
required to obtain certification pursuant to this rule and section 3714.062 of
the Revised Code shall complete education training in accordance with this
paragraph and paragraph (B) of this rule. Sixty minutes of instruction or other
approved activity shall constitute one credit hour of education
training. (2) A three-member panel
shall be established by the director to provide guidance on the minimum core
curriculum to be included in the approved education training set forth in
paragraph (B)(2) of this rule. The panel shall be composed of the
following: (a) A representative of the director. (b) A member appointed by a state-wide association of boards of
health. (c) A member appointed by a state-wide construction and
demolition debris association. (3) An education training
course shall be submitted to the director for approval not later than sixty
days prior to the commencement of the course. The request for approval shall be
submitted on forms prescribed by the director and contain at a minimum the
following information: (a) The name, address, and telephone number of the person,
entity, or organization providing the training. (b) The title and educational objectives of the
course. (c) The content of the course including a course
outline. (d) The number of education training credit hours awarded by the
course. (e) The names and qualifications of instructors teaching the
course. (f) The procedure used to verify attendance at the
course. (g) Verification that the person, entity, or organization
conducting the course will submit a copy of the attendees list to the director
not later than forty-five days after completion of the course. (h) The name, address, and telephone number of the person
submitting the course for approval. (4) A person who is
required to obtain certification pursuant to this rule and section 3714.062 of
the Revised Code may submit a request on forms prescribed by the director to
obtain education training credit for training which has not been approved by
the director not later than thirty days prior to the commencement of the
course. (5) A person who is
required to obtain certification pursuant to this rule and section 3714.062 of
the Revised Code may submit a request on forms prescribed by the director to
obtain education training credit for past attended training which was not
approved by the director not later than sixty days after completion of the
course. (6) Education training
for certified operators who are course instructors or panel participants. The
director may grant education training credit hours to certified operators who
are course instructors or panel participants of approved education training
courses in accordance with the following: (a) Course instructors. Up to three credit hours for each credit
hour taught the first time the course is presented by the instructor, and one
credit hour for each credit hour taught in subsequent presentations of the same
course by the instructor. The director may grant a maximum of four credit hours
during the certification period. (b) Panel participants. Up to two credit hours for each credit
hour for the initial panel presentation and one credit hour for each credit
hour for subsequent panel presentations of the same material. The director may
grant a maximum of three credit hours during the certification
period. (c) Requests for approval of the education training hours shall
be submitted on forms prescribed by the director not later than sixty days
after the course presentation or panel presentation. (7) All course approvals
are valid for one year from the date of issuance. (8) Upon request, the
director shall provide a list of the certified operator's documented
education training hours. (F) Renewal of
certification. (1) Unless an extension
has been granted in accordance with paragraph (H)(2) of this rule, a
certification issued pursuant to this rule expires annually on December
thirty-first. (2) The director shall
renew a certification provided that the certified operator has met the
requirements of this rule absent grounds for denial, suspension, or revocation
pursuant to paragraph (G) of this rule. A certification issued under this rule
that has been revoked shall not be renewed and the person shall not be eligible
to be a new applicant or designated as an interim operator. (3) A renewal application
shall be submitted to the director by December thirty-first of each year. The
renewal application shall include copies of records verifying that the
applicant has received educational training credit hours as set forth in
paragraph (B) of this rule and section 3714.062 of the Revised Code in the
twelve months preceding the submission of the renewal application. (G) Denial, suspension, and revocation of certification.
(1) If a certified
operator violates any provision of Chapter 3714. of the Revised Code or the
rules adopted thereunder, including a violation of any license condition or
order, the director may take one of the following actions: (a) Deny the application for certification in accordance with
Chapters 119. and 3714. of the Revised Code. (b) Suspend the certification. If a certification issued under
this rule is suspended, the certification shall not be renewed until the
suspension period expires and the individual whose certificate is suspended has
achieved compliance with Chapter 3714. of the Revised Code and the rules
adopted thereunder. (c) Revoke the certification after an investigation and hearing
conducted in accordance with Chapter 119. of the Revised Code has been
completed. (2) The owner or operator
of a construction and demolition debris facility or construction and demolition
debris processing facility with a certified operator whose certification has
been denied, suspended, or revoked shall establish an interim operator in
accordance with rule 3745-400-11 or rule 3745-400-58 of the Administrative
Code, as applicable, not later than fourteen days after the denial, suspension,
or revocation. (H) Veterans. For the purposes of this rule, "veteran"
has the same meaning as in section 5903.01 of the Revised Code. (1) A veteran may request
an extension of the annual continuing education requirement if the following
conditions are met: (a) The veteran has served on active duty inside or outside the
United States for a period in excess of thirty-one days during the current
annual certification period. (b) The veteran has submitted a renewal application in accordance
with paragraph (F) of this rule and proper documentation certifying the active
duty service and the length of the active duty service. (2) Upon receipt of a
complete application and documentation, the director shall extend the current
certification period by an amount of time equal to the total number of months
that the veteran spent on active duty during the current certification period.
Any portion of a month served shall be considered one full month. The director
shall consider relevant education, training, or service completed by the
veteran while on active duty in determining whether the veteran has fulfilled
the continuing education requirements identified in paragraph (B) of this
rule. (3) A veteran or a
veteran's spouse, who meets the requirements of this paragraph and whose
certification has expired due to the veteran's military service, shall be
eligible for renewal of the expired certification without penalty in accordance
with section 5903.10 of the Revised Code if the following conditions are
met: (a) The veteran presents the director with satisfactory evidence
that, not later than six months prior to the date the evidence is submitted to
the director, the veteran was honorably discharged or separated from the
military under honorable conditions. (b) The veteran is not disqualified because of a mental or
physical disability which would preclude the veteran from meeting the
certification requirements. (c) The veteran meets the requirements for certification
renewal.
Last updated April 5, 2024 at 8:08 AM
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Rule 3745-400-50 | Processing facility permit to install.
Effective:
April 18, 2022
(A) Permit to install application. (1) A person proposing to
establish, maintain, or modify a processing facility shall submit to the
permitting authority a permit to install application that contains the
information specified in this rule so that the permitting authority can
determine whether the criteria set forth in rules 3745-400-52 and 3745-400-54
of the Administrative Code are satisfied. The permit to install application
shall include sufficient detail to allow clear understanding for technical
review of the application and to provide assurance that the processing facility
is designed and can be constructed and operated in accordance with this
chapter. (2) An owner or operator
of a processing facility in operation prior to the effective date of this rule
that is proposing to continue to operate the processing facility after the
effective date of this rule shall submit an application for a permit to install
to the permitting authority in accordance with paragraphs (A)(1) and (A)(3) of
this rule not later than six months after the effective date of this
rule. (3) A permit to install application shall
be made on forms prescribed by the director and include at a minimum the
following: (a) The processing facility design plan that complies with
rule 3745-400-52 of the Administrative Code. (b) The fire prevention and response plan that complies
with paragraph (H) of rule 3745-400-58 of the Administrative Code and any other
plan that was required by other applicable rules or effective
authorizations. (c) A draft of the final closure financial assurance
mechanism selected in accordance with paragraph (B) of rule 3745-400-56 of the
Administrative Code to be executed and funded prior to license
issuance. (d) A signature in accordance with rule 3745-500-50 of the
Administrative Code. (e) An application fee of one thousand
dollars. (4) Permit to install
renewal. (a) An owner or operator of a processing facility with an
effective permit to install may submit a permit to install application to renew
the permit to install. The owner or operator of the processing facility shall
submit a permit to install application in accordance with paragraph (A) of this
rule not later than one hundred eighty days prior to the expiration date of the
effective permit to install. (b) Absent any conflicting provision in Chapter 3714. of
the Revised Code or the rules promulgated thereunder, an administrative order,
an order of the environmental review appeals commission, or an order of a court
of competent jurisdiction, the effective permit to install shall remain in
effect in the event that a permittee has filed an application for a renewal
permit to install within the time and in the manner provided in this rule and
the permitting authority has not taken a final action on the
application. (B) Permit to install issuance fees. Not later than thirty
days after issuance of a permit to install, the owner or operator of the
processing facility shall remit to the permitting authority a permit to install
fee of two thousand dollars. (C) Administrative change to a permit to install. A permit
to install may be administratively changed in accordance with rule 3745-500-360
of the Administrative Code. (D) Alteration of a permit to install. A permit to install
may be altered in accordance with rule 3745-500-150 of the Administrative
Code. (E) Transfer of a permit to install. (1) The permittee may request the
transfer of the permit to install by submitting to the permitting authority an
application on forms prescribed by the director that are signed by both the
permittee and the proposed transferee in accordance with rule 3745-500-50 of
the Administrative Code and that at a minimum includes the following
information: (a) The transferee's name and contact
information. (b) Specification if the transferee is the owner or
operator of the processing facility, or both. (c) The name, address, and secondary identification number
of the processing facility to which the permit to install
pertains. (d) The proposed date for transfer. (e) Any other information deemed necessary by the director
or approved board of health. (2) Transfer of a permit
to install occurs upon written authorization from both the director and the
approved board of health, if applicable. (F) Termination of a permit to install. A permit to install
terminates one year after the effective date of the permit to install if the
permittee has not established the processing facility in accordance with the
permit to install. (G) Suspension or revocation of a permit to install. The
director or the permitting authority may suspend or revoke a permit to install
by order for any cause that would be grounds for suspension or revocation
pursuant to Chapter 3714. of the Revised Code. Grounds include but are not
limited to the following: (1) Entry pursuant to
applicable law to inspect or investigate, obtain samples, or examine or copy
records to determine compliance is refused, hindered, or thwarted. (2) The owner or operator
of a processing facility violates Chapter 3714. of the Revised Code or rules
adopted thereunder. (3) The owner or operator
of the processing facility is not operating the processing facility in
substantial compliance with applicable environmental laws. (4) A nuisance, fire
hazard, or health hazard exists at the processing facility. (5) Fraud, deceit, or misrepresentation
in securing the permit or conducting the permitted activity. (6) Offering, conferring, or agreeing to
confer any benefit to induce any other individual or business concern to
violate the provisions of Chapter 3704., 3714., 3734., or 6111. of the Revised
Code, or any rule adopted thereunder, or of any other law relating to the
transportation, transfer, processing, or recycling of construction and
demolition debris. (7) Coercion of a customer by violence or
economic reprisal or the threat thereof to utilize the services of any
permittee, owner, or operator. (H) The owner or operator of a processing facility for
which the permit to install has been suspended shall do the
following: (1) Cease all
construction activities at the construction and demolition debris processing
facility. (2) Cease acceptance of construction and
demolition debris at the processing facility upon the effective date of the
order suspending the processing facility permit to install, unless the order
suspending the processing facility permit to install provides
otherwise. (3) Comply with the operational
requirements specified in the applicable rules. (4) Not recommence acceptance of
construction and demolition debris unless the permitting authority has by order
reinstated the processing facility permit to install. (I) Expiration of a permit to install. A permit to install
expires five years after the effective date of the permit to
install.
Last updated April 19, 2022 at 8:42 AM
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Rule 3745-400-52 | Processing facility design requirements.
Effective:
April 18, 2022
Processing facility design plan. The processing
facility design plan shall be signed and sealed by a professional engineer
registered in Ohio. All drawings, calculations, and narrative shall appear on
plan sheets with minimum dimensions of twenty-four inches by thirty-six inches.
If narrative is necessary to explain the drawings or calculations, the
narrative shall appear on the plan sheet with that drawing or calculation. At a
minimum, the processing facility design plan shall contain the
following: (A) A cover sheet, to be numbered sheet one, that contains
the following information: (1) The name, physical address, and
mailing address of the processing facility. (2) The processing facility property line
and processing facility boundary to be shown on a road map with a scale of one
inch equals no greater than one mile. (3) The name and address of each owner of
the land on which the processing facility is or will be located. (4) The name and address of the
professional engineer who prepared the plan. (B) Drawings of the processing facility environs and items
located within five hundred feet, unless otherwise specified below, of the
horizontal limits of construction and demolition debris processing illustrated
on a series of plan sheets numbered consecutively 2A, 2B, 2C, etc. with a scale
of one inch equals no greater than two hundred feet including the proposed and
existing horizontal limits of construction and demolition debris processing and
the locations of the following: (1) The processing facility property line
as determined by a survey conducted by a professional surveyor registered in
Ohio. (2) All existing and proposed roads,
railroads, and structures. (3) All occupied dwellings. (4) All perennial streams within one
hundred feet of the horizontal limits of construction and demolition debris
processing. (5) All category 3 wetlands within one
hundred feet of the horizontal limits of construction and demolition debris
processing. (6) Existing topography showing
vegetation, streams, wetlands, lakes, springs, and other surface waters, with a
contour interval no greater than five feet and the general flow direction of
all surface waters. (7) All public water
supply wells and all developed springs. (8) The north arrow. (9) All oil wells and gas wells. If any
oil wells or gas wells are identified in accordance with this paragraph, a
letter from the Ohio department of natural resources or other appropriate
agency verifying the type, location, depth, and status of the well shall be
included. (C) Drawings of the proposed design and layout of the
processing facility on plan sheets that are numbered consecutively 3A, 3B, 3C,
etc. with a scale of one inch equals no greater than two hundred feet that
include the following: (1) The horizontal limits of construction
and demolition debris processing. (2) The location, boundaries, maximum
dimensions, and composition of all existing and proposed piles of
material. (3) The location of all existing and
proposed access roads. (4) The location of all existing and
proposed fencing, gates, and natural or other screening. (5) The location of surface water
drainage and sediment control structures. (D) Detail drawings on plan sheets numbered consecutively
4A, 4B, 4C, etc. that include the following: (1) All existing and proposed
roads. (2) Surface water drainage and sediment
control structures designed in accordance with paragraph (E)(3) of this
rule. (3) Visual barriers, if applicable, as
specified in rule 3745-400-58 of the Administrative Code. (4) Working surfaces. (E) Design calculations with references to equations used
showing site-specific input and assumptions on plan sheets numbered
consecutively 5A, 5B, 5C, etc., that include the following: (1) The maximum rate of processing in
cubic yards per day. (2) The maximum volume in cubic yards of
mixed construction and demolition debris the processing facility may accumulate
at any time. (3) Calculations for surface water
drainage and sediment control structures in accordance with Ohio environmental
protection agency "Rainwater and Land Development
Manual."
Last updated April 19, 2022 at 8:42 AM
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Rule 3745-400-54 | Criteria and procedures for processing facility permits to install.
Effective:
April 18, 2022
(A) An application notwithstanding any
deficiency may be considered and acted upon if sufficient information is
provided for the permitting authority to determine whether the permit to
install requirements set forth in rule 3745-400-50 of the Administrative Code
are satisfied. (B) If the permitting authority
determines that information in addition to that specified in rule 3745-400-50
of the Administrative Code is necessary to determine whether the criteria set
forth in paragraph (C) of this rule are satisfied, the permitting authority may
require that the applicant supply such information as a precondition to further
consideration of the permit to install application. (C) Criteria for issuance. The permitting authority shall
not issue a processing facility permit to install unless the following criteria
are met: (1) The applicant for the
permit to install is the owner or operator of the processing facility and, if
the applicant does not own all of the real property upon which the processing
facility is or will be located, has written permission from each owner to apply
for the permit to install. (2) The owner or operator
of a processing facility has demonstrated that appropriate authorizations have
been applied for or obtained including but not limited to authorizations
necessary pursuant to Chapters 3704. and 6111. of the Revised
Code. (3) The permit to install
application complies with rule 3745-400-50 of the Administrative
Code. (4) For a processing
facility that was not in operation prior to October 6, 2017 and for a
processing facility that was in operation prior to October 6, 2017 but is
proposing to expand the horizontal limits of construction and demolition debris
processing beyond those identified in the processing facility's
registration, the proposed horizontal limits of construction and demolition
debris processing are not located within any of the following: (a) One hundred feet of the property line. (b) One hundred feet of a perennial stream. (c) One hundred feet of a category 3 wetland. (d) Five hundred feet of an occupied dwelling. (5) Any oil wells and gas wells within
the horizontal limits of construction and demolition debris processing are
properly plugged and abandoned in accordance with Chapter 1509. of the Revised
Code. (6) The owner or operator of a processing
facility is not required to conduct final closure in accordance with any
applicable closure requirement. (7) The owner and operator of the
processing facility is in substantial compliance with, or on a legally
enforceable schedule through issuance of an administrative order or judicial
order to attain compliance with Chapters 3704., 3714., 3734., 3745., and 6111.
of the Revised Code at facilities, processing facilities, solid waste
facilities, and infectious waste treatment facilities they own or operate. An
owner or operator of a processing facility is not in substantial compliance
with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code if the
owner or operator of a processing facility has committed a significant or
material violation of an environmental law or has committed numerous, other
violations of environmental laws such that the violations reveal a practice of
noncompliance with environmental laws. (8) The owner and operator of the
processing facility has maintained a history of compliance with Chapters 3704.,
3714., 3734., 3745., and 6111. of the Revised Code by resolving all
administrative and judicial enforcement actions that were brought against them
that were based on a significant or material violation of an environmental law,
or were based on numerous other violations of environmental laws that revealed
a practice of noncompliance with environmental laws, at facilities, processing
facilities, solid waste facilities, and infectious waste treatment facilities
they own or operate or facilities, processing facilities, solid waste
facilities, or infectious waste treatment facilities they previously owned or
operated. For purposes of this rule, an enforcement action has been resolved if
the owner or operator of a processing facility has entered into an
administrative order or judicial order with regard to the violation of
environmental laws, or the owner or operator of a processing facility has
adjudicated the issue of whether they are in violation of environmental laws to
finality. (9) The owner and operator of the
processing facility exhibit sufficient reliability, expertise, and competency
to operate the processing facility in substantial compliance with environmental
laws in this state as a result of, and including but not limited to, the
assets, employees, equipment, and other resources available at, and dedicated
to, the processing facility. (D) Terms and conditions. The permitting
authority may issue a processing facility permit to install with terms and
conditions that the permitting authority finds necessary to ensure the owner or
operator of the processing facility will comply with Chapter 3714. of the
Revised Code and rules adopted thereunder and to protect public health and
safety and the environment. (E) Procedures. When acting on a
processing facility permit to install, the permitting authority shall comply
with the following: (1) When issuing an
initial permit to install, publish a public notice in a newspaper of general
circulation in the county in which the processing facility is proposed to be
located not later than sixty days prior to issuance. (2) When issuing, denying, modifying,
transferring, denying transfer of, or revoking a permit to install, the
procedures set forth in rule 3745-500-120 of the Administrative
Code. (3) When altering a permit to install,
the procedures set forth in rule 3745-500-150 of the Administrative
Code. (4) When administratively changing a
permit to install, the procedures set forth in rule 3745-500-360 of the
Administrative Code. (5) When suspending a permit to install,
the following: (a) If the director is the permitting authority, the
applicable provisions of Chapters 119., 3714., and 3745. of the Revised Code.
If the approved board of health is the permitting authority, section 3709.20 of
the Revised Code and the applicable provisions of Chapter 3714. of the Revised
Code. (b) Unless an emergency exists requiring immediate action
to protect public health or safety or the environment, make the suspension
effective only after the permittee has been given notice in writing of the
conditions or violations that need to be corrected and has been given a
reasonable period of time to respond to the notice to make
corrections. (c) Execute the suspension through issuance of a written
order that contains at a minimum the following information: (i) The name and contact information of the permittee and
the secondary identification number of the processing facility. (ii) The findings upon which the suspension is
based. (iii) The effective date of the order. (iv) A notice of appeal rights. (6) Reinstate a suspended permit to
install through issuance of a written order that at a minimum contains the
following information: (a) The name and contact information of the permittee and
the secondary identification number of the processing facility. (b) The findings upon which the reinstatement is
based. (c) The effective date of the order. (d) A notice of appeal rights. (7) Retain and distribute copies of all
authorizing documents in accordance with rule 3745-500-130 of the
Administrative Code.
Last updated April 19, 2022 at 8:43 AM
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Rule 3745-400-56 | Financial assurance for final closure of processing facilities.
Effective:
April 18, 2022
(A) Final closure cost estimate. The owner or operator of a
processing facility shall prepare a written final closure cost estimate
calculated in current dollars that is not less than the sum of the following,
adjusted as provided in paragraphs (C) and (D) of this rule: (1) A fixed amount calculated as
follows: (a) For a processing facility with a horizontal limits of
construction and demolition debris processing of two thousand five hundred
square feet or less, one thousand dollars. (b) For a processing facility with a horizontal limits of
construction and demolition debris processing of greater than two thousand five
hundred square feet but less than 4.9 acres, ten thousand dollars. (c) For a processing facility with a horizontal limits of
construction and demolition debris processing of 4.9 acres but less than 10.0
acres, twenty-five thousand dollars. (d) For a processing facility with a horizontal limits of
construction and demolition debris processing of 10.0 acres or greater, fifty
thousand dollars. (e) For a processing
facility that meets all of the criteria in paragraphs (A)(2)(b)(i) to
(A)(2)(b)(vi) of this rule, zero dollars. (2) A fixed per cubic yard amount
calculated by multiplying the maximum volume of mixed construction and
demolition debris authorized to accumulate on-site at the processing facility
in accordance with paragraph (E)(2) of rule 3745-400-52 of the Administrative
Code by one of the following: (a) Thirty-five
dollars. (b) Eight dollars and
twenty-five cents if all of the following apply: (i) The processing facility is located immediately adjacent
to a licensed construction and demolition debris facility. (ii) The owner or operator of the processing facility has
applied for a registration in accordance with Section 4 of Amended Senate Bill
2 of the 132nd General Assembly. (iii) The processing facility was in operation on the
effective date of this rule. (iv) All mixed C&DD at the processing facility will be
located within five hundred feet of the facility boundary of the adjacent
licensed construction and demolition debris facility. (v) The processing facility and adjacent licensed
construction and demolition debris facility have the same
operator. (vi) The owner or operator of the adjacent licensed
construction and demolition debris facility has designated in the facility
license sufficient constructed and certified airspace for the maximum volume of
mixed C&DD authorized to accumulate on-site at the processing
facility. (B) Establishment of financial assurance. (1) The owner or operator
of a processing facility shall establish and maintain financial assurance in an
amount not less than the final closure cost estimate calculated in accordance
with paragraph (A) of this rule prior to issuance of the initial license for
the processing facility using a financial assurance mechanism specified in
paragraphs (B) to (E) of rule 3745-400-13 of the Administrative
Code. (2) The owner or operator
of a processing facility may satisfy the requirement of paragraph (B)(1) of
this rule by establishing one or more of the financial assurance mechanisms
specified in paragraph (B), (C), or (E) of rule 3745-400-13 of the
Administrative Code, except that it is the combination of mechanisms, rather
than each single mechanism, which shall provide financial assurance for an
amount not less than the most recently adjusted final closure cost estimate,
adjusted in accordance with paragraph (D) of this rule. If an owner or operator
of a processing facility uses a trust fund in combination with a surety bond or
a letter of credit, the trust fund may be used as the standby trust fund for
the other mechanisms. A single standby trust fund may be established for two or
more mechanisms. The director or approved board of health, as applicable, may
invoke use of any or all of the mechanisms, in accordance with paragraphs (B),
(C), and (E) of rule 3745-400-13 of the Administrative Code, to provide for
final closure of the processing facility. (3) The owner or operator
of a processing facility may use a financial assurance mechanism for multiple
processing facilities or a combination of facilities and processing facilities
if the amount of funds available through the financial assurance mechanism is
not less than the combined final closure cost estimates for each facility and
processing facility. The owner or operator of the processing facility using one
financial assurance mechanism for multiple processing facilities or a
combination of facilities and processing facilities shall submit documentation
to the director that includes the following for each facility or processing
facility: (a) The name of each facility or processing
facility. (b) The address of each facility or processing
facility. (c) The secondary identification number of each facility or
processing facility. (d) The amount of funds for final closure assured by the
financial assurance mechanism. (4) Paragraphs (B)(1) to
(B)(3) of this rule are not applicable to the owner or operator of a processing
facility with a final closure cost estimate equal to five thousand five hundred
dollars or less. (C) Inflation adjustment. An 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 owner or operator of a
processing facility shall adjust the fixed per cubic yard amount of the final
closure cost estimate calculated in accordance with paragraph (A)(2) of this
rule for inflation as follows: (1) The first adjustment is made by
multiplying the fixed per cubic yard amount of the final closure cost estimate
calculated in accordance with paragraph (A)(2) of this rule by the inflation
factor. The result is the adjusted fixed per cubic yard amount of the final
closure cost estimate. (2) Subsequent
adjustments are made annually by multiplying the most recently adjusted fixed
per cubic yard amount of the final closure cost estimate by the most recent
inflation factor. (D) Review of final closure cost
estimate. The owner or operator of a processing facility shall review and
adjust the most recently adjusted final closure financial assurance at a
minimum as follows: (1) Within thirty days of
issuance of a permit to install for a modification to an existing processing
facility. (2) Annually in
conjunction with the processing facility license renewal. The financial
assurance provided in a current unexpired license may be utilized to fulfill
the financial assurance requirements of an application for a license renewal if
the dollar amount of the financial assurance is equal to or greater than the
final closure cost estimate in the license application calculated and adjusted
in accordance with paragraphs (A), (C), and (D) of this rule. (E) The permitting authority shall notify the owner or
operator of the processing facility of deficiencies with the final closure cost
estimate and final closure financial assurance not later than thirty days after
receipt of an application for a modification to the processing facility. The
notification shall identify any adjustment in the final closure financial
assurance amount being considered by the permitting authority. The permitting
authority may adjust the amount of financial assurance in conjunction with the
issuance of the permit provided the permitting authority identifies the
deficiencies in the final closure cost estimate. (F) The licensing authority shall notify the owner or
operator of the processing facility of deficiencies with the closure cost
estimate or closure financial assurance not later than thirty days after
receipt of the license application. The notification shall identify any
adjustment in the closure financial assurance amount being considered by the
licensing authority. The director or approved board of health may adjust the
amount of financial assurance in conjunction with the issuance of the annual
license provided the director or approved board of health identifies the
deficiencies in the final closure cost estimate. (G) The owner or operator of a processing facility, or any
other person authorized to perform final closure on behalf of the owner or
operator of the processing facility, may request and receive authorization for
reimbursement of all remaining funds or release from the financial assurance
requirements of this rule only after the processing facility final closure is
deemed complete in accordance with paragraph (C) of rule 3745-400-60 of the
Administrative Code.
Last updated April 19, 2022 at 8:43 AM
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Rule 3745-400-57 | Three year transition for final closure financial assurance for construction and demolition debris processing facilities.
Effective:
April 18, 2022
(A) Notwithstanding paragraph (B)(1) of
rule 3745-400-56 of the Administrative Code, the owner or operator of a
processing facility for the license year 2023 may use a three year transition
period for funding financial assurance by submitting a written notice each year
of the transition period that complies with the following: (1) The initial written
notice is submitted to the licensing authority and the director concurrently
with the initial license application and, for a processing facility that was in
operation on the effective date of this rule, the initial license application
and notice are submitted within the time frame set forth in rule 3745-400-50 of
the Administrative Code. (2) The written notices
for the second and third years of the transition period are submitted to the
licensing authority and the director concurrently with a timely processing
facility license application. (3) The notice includes a
statement affirming the intention to use the three year transition period and
is signed and certified by the owner or operator in accordance with rule
3745-500-50 of the Administrative Code. (4) The notice includes
the calculations and the final closure transition amount applicable to the year
of the transition period for which the license is sought. (B) For the purposes of this rule,
"final closure transition amount" means the amount calculated by
multiplying the final closure cost estimate by the appropriate transition year
percentage as follows: (1) Forty per cent for
license year 2023. (2) Seventy per cent for
license year 2024. (3) One hundred per cent
for license year 2025. (C) The owner or operator shall annually
fund final closure financial assurance for each year of the three year
transition period as follows: (1) In an amount not less
than the final closure transition amount prior to issuance of the license for
which the final closure transition amount applies. (2) Using a financial
assurance mechanism specified in paragraphs (B) to (E) of rule 3745-400-13 of
the Administrative Code. (3) If the owner or
operator receives a modification to the approved permit to install authorizing
an increase in the horizontal limits of construction and demolition debris
processing or an increase in the maximum volume in cubic yards of mixed
construction and demolition debris the processing facility may accumulate at
any time during the transition period, such that one hundred per cent of the
portion of the final closure cost estimate necessary to close the increased
acreage or volume, respectively, is funded not later than thirty days after the
date of issuance. (D) If the owner or operator fails to
maintain financial assurance for the processing facility in an amount not less
than the final closure transition amount or fails to timely provide notice as
specified in paragraph (A) of this rule, the owner or operator shall fully fund
the final closure cost estimate in accordance with paragraph (B) of rule
3745-400-56 of the Administrative Code prior to issuance of a subsequent
license.
Last updated April 19, 2022 at 8:43 AM
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Rule 3745-400-58 | Processing facility operations.
Effective:
April 18, 2022
(A) The owner or operator of a processing
facility shall comply with this rule until final closure has been deemed
complete in accordance with rule 3745-400-60 of the Administrative
Code. (B) Construction requirements for processing facility
components. Prior to acceptance of construction and demolition debris, the
owner or operator of a processing facility shall construct the processing
facility in accordance with the facility design plan authorized in the permit
to install and the following specifications: (1) Construct and
maintain roads to allow use in all weather conditions, withstand the
anticipated degree of use, and allow passage of loaded vehicles with minimum
dust generation or erosion. The owner or operator of a processing facility
shall employ measures necessary to minimize the incidence of mud, dirt, and
dust on public roads before vehicles leave the processing
facility. (2) For a processing
facility with horizontal limits of construction and demolition debris
processing within five hundred feet of an occupied dwelling that is not owned
by the owner or operator of the processing facility, construct and maintain a
barrier to minimize visibility of the processing facility operations. The owner
or operator of a processing facility shall construct the barrier on sides of
the horizontal limits of construction and demolition debris processing with
occupied dwellings in existence at the time the initial permit to install
application was submitted. (3) Post and maintain
signs that are visible and legible from all access roads leading in to the
processing facility that include the following: (a) A listing of prohibited materials. (b) Telephone numbers for emergency personnel including the
local fire department. (c) Telephone number for the local board of
health. (d) Telephone number for the appropriate Ohio EPA district
office. (e) Name and telephone number of the processing facility
emergency contact. (4) Construct and
maintain a working surface that supports processing and transferring
operations. The working surface may be constructed of concrete, asphalt
concrete, gravel, clay, soil, or any other material capable of supporting the
weight of all material and equipment placed on the working surface during
processing and transferring operations. (C) Prohibited materials. The owner or
operator of a processing facility shall not accept prohibited materials and
remove any prohibited materials from the processing facility as soon as
practical. If prohibited materials are detected in incoming debris, the owner
or operator of the processing facility shall reject the entire load. Prohibited
materials include but are not limited to the following: (1) Pulverized
debris. (2) Hazardous
waste. (3) Infectious
waste. (4) Containerized bulk
liquids. (5) Asbestos materials
subject to NESHAP, 40 C.F.R. Part 61, Subpart M. (6) Solid
waste. (D) Operations. The owner or operator of
a processing facility shall conduct operations at the processing facility as
follows: (1) Within the horizontal
limits of construction and demolition debris processing as identified in the
effective permit to install issued for the processing facility. (2) On a working surface
constructed and maintained in accordance with paragraph (B)(4) of this
rule. (3) Deposit incoming
loads of debris that will be processed at the processing facility in a
designated area, inspect the debris, and remove all prohibited materials at the
time of deposition. (4) Ensure the total
volume of mixed construction and demolition debris at the processing facility
at any time does not exceed the maximum volume of mixed construction and
demolition debris authorized in the effective permit to install issued for the
processing facility. (5) Ensure the maximum
dimensions of each pile at the processing facility do not exceed the maximum
dimensions authorized in the effective permit to install issued for the
processing facility. (6) Store mixed construction and
demolition debris at the processing facility for no longer than one year after
acceptance. (7) Ensure equipment of adequate size and
quantity for the operations of the processing facility is available at all
times during operating hours. (8) Employ all reasonable measures to
collect, properly contain, and dispose of scattered litter at the processing
facility, including frequent policing of the area and the use of portable wind
screens where necessary. (9) Divert surface water from the
construction and demolition debris processing area by non-mechanical means. The
owner or operator of a processing facility shall not divert surface water
under, over, or through processing or staging areas. (10) Direct any surface
water leaving the construction and demolition debris processing area to surface
water drainage and sediment control structures. (11) Immediately containerize and cover
solid waste at the processing facility and remove all solid waste from the
processing facility and transport it to a licensed solid waste disposal
facility or a licensed solid waste transfer facility at a minimum
monthly. (12) In a manner that prevents the
attraction or breeding of birds, insects, rodents, and other
vectors. (13) In a manner that prevents a nuisance
or health hazard from noise, dust, or odors generated at the processing
facility. (14) In compliance with the fire
prevention and response plan prepared in accordance with paragraph (H) of this
rule and with the applicable requirements in Chapter 1301:7-7 of the
Administrative Code. (15) Upon request by the director or
approved board of health, conduct a topographic survey and submit the survey
results to the director or approved board of health, as applicable, each year
in the month of September. (E) Daily log of operations. (1) The owner or operator of a processing
facility shall maintain a daily log of operations on a form prescribed by the
director, or an alternate form pursuant to paragraph (E)(2) of this rule, that
includes the following information for each day the processing facility is in
operation: (a) A record of each load that was accepted, including the
size of the load specified in volume or by weight and the origin of the
load. (b) A record of each load that was removed from the
processing facility, including the size of the load specified in volume or by
weight, the contents of the load, and the destination of the load. (c) A record of each load that was rejected and the reason
for the rejection. (d) The name and secondary identification number of each
certified or interim operator who was available. (2) The owner or operator
of a processing facility may use an alternate form, either in paper or
electronic formats, for the daily log of operations provided that all of the
information requested on the prescribed form is present. Not later than
fourteen days prior to the use of the alternate form, the owner or operator of
the processing facility shall submit the alternate form to the appropriate Ohio
EPA district office and as applicable the approved board of health. The owner
or operator of the processing facility may use the alternate form not sooner
than fourteen days after the date the appropriate Ohio EPA district office has
received the alternate form, unless Ohio EPA has sent written notification to
the owner or operator of the processing facility that the alternate form is
unacceptable. The owner or operator of the processing facility may return to
the form prescribed by the director at any time without
notification. (3) The owner or operator
of a processing facility shall submit daily log forms or summaries of the daily
logs to the Ohio EPA or the approved board of health upon request. (F) The owner or operator of a processing
facility shall maintain all records, including a copy of all effective
authorizing documents and the daily log operations, for a minimum of five years
and make the records available for inspection by Ohio EPA and the approved
board of health, if applicable, during operating hours. (G) Certified operator. (1) Prior to accepting construction and
demolition debris, the owner or operator of a processing facility shall submit
to the licensing authority the name and secondary identification number, if
applicable, of each certified operator or interim operator employed in
accordance with paragraph (G)(3) of this rule and ensure that a certified
operator or interim operator is at the processing facility or reasonably
available each day during operations. The certified operator shall be
responsible for the following: (a) Overseeing all operations at the processing
facility. (b) Being thoroughly familiar with proper operating
procedures, all applicable authorizing documents, and this rule. (c) Reviewing and signing the completed daily log for each
day of processing facility operation. (2) The owner or operator of a processing
facility shall update the name and secondary identification number, if
applicable, of each certified operator or interim operator when any name,
certification status, or employment change occurs and submit a copy of the
updated name and secondary identification number, if applicable, to the
licensing authority not later than thirty days after a change is made. A copy
of the effective operator certificate for each certified operator shall be kept
at the processing facility and made available to Ohio EPA and the approved
board of health upon request. (3) Interim operator. The owner or
operator of a processing facility may designate an interim operator to meet the
requirements of paragraph (G)(1) of this rule for not more than three hundred
sixty-five days. (a) The owner or operator of a processing facility that
designates an interim operator shall notify the licensing authority in writing
not later than ten days after designation of an interim operator. At a minimum,
the notification shall contain the following: (i) The name, address,
and qualifications in accordance with paragraph (B)(2)(a) of rule 3745-400-26
of the Administrative Code of the interim operator. (ii) The duration that
the owner or operator of the processing facility intends to have an interim
operator in place. (iii) An explanation
describing the reasons for the utilization of the interim
operator. (b) If an interim operator violates any provision of
Chapter 3714. of the Revised Code or the rules adopted thereunder, the director
may prohibit the interim operator from continuing as an interim operator after
conducting an investigation and hearing in accordance with Chapter 119. of the
Revised Code, prohibit the interim operator from obtaining operator
certification, or both. (H) Fire prevention and response plan. The owner or
operator of a processing facility shall implement the fire prevention and
response plan approved in the effective permit to install that includes at a
minimum the following information and submit a copy of the fire prevention and
response plan to the local fire department: (1) Emergency contact
information for the processing facility. (2) A letter from the
local fire department stating that the department will respond to fires at the
processing facility. (3) Guidelines for handling debris that
is burning or at a temperature likely to cause a fire. (4) Procedures for responding to a fire
including notifications, operation of fire equipment, and evacuation
routes. (5) Documentation of
adequate fire control equipment, material, and services available to be
employed immediately upon occurrence of a fire at the processing
facility. (6) Maintenance schedules
and documentation of maintenance performed on fire control
equipment. (7) A map showing the location of fire
hydrants and other fire control equipment within the processing facility
boundary. (I) Access. The owner or operator of a processing facility
shall limit access to the processing facility to prevent interference with
proper operating procedures in a manner that ensures the
following: (1) Access to the
processing facility is restricted to authorized personnel only during
non-operating hours. (2) Scavenging is
prohibited. For the purposes of this rule, scavenging is the extraction or
removal of material from a processing facility by a person unauthorized by the
owner or operator of the processing facility. (3) Access to the
processing facility is granted to Ohio EPA, the approved board of health, if
applicable, and any authorized representatives who, upon proper identification,
may enter the processing facility at reasonable times to determine compliance
with Chapter 3714. of the Revised Code and rules adopted
thereunder.
Last updated April 19, 2022 at 8:43 AM
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Rule 3745-400-60 | Final closure of a processing facility.
Effective:
April 18, 2022
(A) The owner or operator of a processing
facility shall conduct final closure when any of the following
occur: (1) The owner or operator
of a processing facility declares to the licensing authority in writing that
the processing facility will cease accepting construction and demolition
debris. (2) The permit to install
issued for the processing facility expires, and no further permit to install
was applied for in the manner prescribed in rule 3745-400-50 of the
Administrative Code. (3) The license issued
for the processing facility expires, and no further license was applied for in
the manner prescribed in Chapter 3745-501 of the Administrative
Code. (4) Either the permit to
install or the license issued for the processing facility expires, and another
permit to install or license was applied for and denied as a final
action. (5) Either the permit to
install or license issued for the processing facility is revoked as a final
action. (6) The owner or operator
of a processing facility is obligated to conduct final closure by order of the
director, approved board of health, Ohio environmental review appeals
commission, or a court of competent jurisdiction. (7) For a processing
facility in operation prior to the effective date of this rule, a permit to
install was not applied for in the timeframe specified in rule 3745-400-50 of
the Administrative Code. (B) The owner or operator of a processing
facility shall complete final closure of the processing facility as
follows: (1) If final closure is triggered in
accordance with paragraphs (A)(1) to (A)(3) of this rule, provide notice by
certified mail or any other form of mail accompanied by a receipt of the
anticipated date on which the processing facility will cease to accept
construction and demolition debris to the approved board of health having
jurisdiction and to the director. The notice shall be provided not later than
ninety days prior to the anticipated date on which the processing facility will
cease to accept construction and demolition debris. (2) Not later than seven days after
construction and demolition debris acceptance has ceased, post signs in such a
manner as to be easily visible at all access points leading into the processing
facility stating that the processing facility is closed for all construction
and demolition debris acceptance. These signs shall be maintained in legible
condition for not less than one hundred eighty days after final closure of the
processing facility has been deemed complete in accordance with paragraph (C)
of this rule. (3) Not later than ninety days after the
date final closure is triggered, clean all debris handling equipment, working
surfaces, and areas within the processing facility boundary including but not
limited to the following: (a) Removing all construction and demolition debris and
prohibited materials from the processing facility and lawfully managing the
construction and demolition debris and prohibited materials. (b) Washing, or employing other procedures that reduce or
eliminate contaminants that were derived from contact with construction and
demolition debris, all areas within the processing facility boundary and
appurtenances including but not limited to containers, equipment, machines,
floors, and working surfaces. (4) Not later than thirty days after all
construction and demolition debris has been removed from the processing
facility, dismantle surface water drainage and sediment control structures
associated with the processing facility. (C) Not later than ten days after
completing final closure of a processing facility, the owner or operator of a
processing facility shall submit to the licensing authority a written closure
certification report, signed and certified in accordance with rule 3745-500-50
of the Administrative Code, verifying that the requirements in paragraphs
(B)(1) to (B)(4) of this rule have been satisfied. Final closure of the
processing facility shall be deemed complete upon the licensing
authority's written concurrence with the closure certification
report.
Last updated April 19, 2022 at 8:44 AM
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