This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 3745-525-01 | Scope and purpose, 40 C.F.R. 257.50.
Effective:
October 1, 2026
(A) "Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments," 40 C.F.R. 257.60 to 257.107, 80 Fed. Reg. 21468 (April 17, 2015); as amended at 80 Fed. Reg. 37988 (July 2, 2015), 81 Fed. Reg. 51807 (August 5, 2016), 83 Fed. Reg. 36451 (July 30, 2018), 85 Fed. Reg. 53561 (August 8, 2020), 89 Fed. Reg. 39099 (May 8, 2024), and 89 Fed. Reg. 88653 (November 8, 2024) are hereby adopted by Ohio EPA and incorporated by reference herein, subject to the exceptions, revision, and additions in this chapter. (B) This chapter applies to owners and operators of new and existing landfills and surface impoundments, including any lateral expansions of such units that dispose or otherwise engage in solid waste management of CCR generated from the combustion of coal at electric utilities and independent power producers. Unless otherwise provided in this chapter, these requirements also apply to disposal units located off-site of the electric utility or independent power producer. This chapter also applies to any practice that does not meet the definition of a beneficial use of CCR. (C) This chapter also applies to inactive CCR surface impoundments at active electric utilities or independent power producers, regardless of how the electricity is currently being produced at the facility. (D) This chapter does not apply to a CCR management unit or to a legacy CCR surface impoundment, as those terms are defined in 40 C.F.R. 257.53. [Comment: CCR management units and legacy CCR surface impoundments are subject to 40 C.F.R. 257 administered by the United States environmental protection agency.] (E) [Reserved.] (F) This chapter does not apply to wastes, including fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated at facilities that are not part of an electric utility or independent power producer, such as manufacturing facilities, universities, and hospitals. This chapter also does not apply to fly ash, bottom ash, boiler slag, and flue gas desulfurization materials, generated primarily from the combustion of fuels (including other fossil fuels) other than coal, for the purpose of generating electricity unless the fuel burned consists of more than fifty per cent coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal. (G) This chapter does not apply to practices that meet the definition of a beneficial use of CCR. (H) This chapter does not apply to CCR placement at active or abandoned underground or surface coal mines. (I) This chapter does not apply to municipal solid waste landfills that receive CCR.
Last updated October 1, 2026 at 9:22 AM
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Rule 3745-525-02 | Applicability of other regulations, 40 C.F.R. 257.52.
Effective:
October 1, 2026
(A) Compliance with the requirements of this chapter does not affect the need for the owner or operator of a CCR unit to comply with all other applicable federal, state, or local laws or other requirements. (B) Any CCR unit continues to be subject to the requirements in 40 C.F.R. 257.3-1, 257.3-2, and 257.3-3. (C) Any CCR surface impoundment continues to be subject to division 1501:21 of the Administrative Code, as applicable. (D) The director, or the director's authorized representative, retains authority to inspect and enforce for compliance with this chapter in the same manner as provided in sections 3734.07 and 3734.13 of the Revised Code. The implementation of the requirements of this chapter are not delegated to approved health districts.
Last updated October 1, 2026 at 9:22 AM
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Rule 3745-525-03 | Definitions, 40 C.F.R. 257.53.
Effective:
October 1, 2026
The following definitions apply to this chapter. Terms not defined in this rule have the meaning given by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, as amended. (A) (1) "Acre foot" means the volume of one acre of surface area to a depth of one foot. (2) "Active facility" or "active electric utilities or independent power producers" means any facility subject to the requirements of this chapter that is in operation on or after October 19, 2015. An electric utility or independent power producer is in operation if it is generating electricity that is provided to electric power transmission systems or to electric power distribution systems on or after October 19, 2015. An off-site disposal facility is in operation if it is accepting or managing CCR on or after October 19, 2015. (3) "Active life" or "in operation" means the period of operation beginning with the initial placement of CCR in the CCR unit and ending at completion of closure activities in accordance with rule 3745-525-720 of the Administrative Code. (4) "Active portion" means that part of the CCR unit that has received or is receiving CCR or non-CCR waste and that has not completed closure in accordance with rule 3745-525-720 of the Administrative Code. (5) "Aquifer" means a geologic formation, group of formations, or portion of a formation capable of yielding usable quantities of groundwater to wells or springs. (6) "Area-capacity curves" means graphic curves which readily show the reservoir water surface area, in acres, at different elevations from the bottom of the reservoir to the maximum water surface, and the capacity or volume, in acre-feet, of the water contained in the reservoir at various elevations. (7) "Areas susceptible to mass movement" means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where, because of natural or human-induced events, the movement of earthen material at, beneath, or adjacent to the CCR unit results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluctuation, block sliding, and rock fall. (B) "Beneficial use of CCR" means the CCR meet all of the following conditions: (1) The CCR shall provide a functional benefit. (2) The CCR shall substitute for the use of a virgin material, conserving natural resources that would otherwise need to be obtained through practices, such as extraction. (3) The use of the CCR shall meet relevant product specifications, regulatory standards or design standards when available, and when such standards are not available, the CCR is not used in excess quantities. (4) When unencapsulated use of CCR involving placement on the land of twelve thousand four hundred tons or more in non-roadway applications, the user shall demonstrate and keep records, and provide such documentation upon request, that environmental releases to groundwater, surface water, soil and air are comparable to or lower than those from analogous products made without CCR, or that environmental releases to groundwater, surface water, soil and air will be at or below relevant regulatory and health-based benchmarks for human and ecological receptors during use. (C) (1) "Closed" means placement of CCR in a CCR unit has ceased, and the owner or operator has completed closure of the CCR unit in accordance with rule 3745-525-720 of the Administrative Code and has initiated post-closure care in accordance with rule 3745-525-750 of the Administrative Code. (2) "Coal combustion residuals" or "CCR" means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers. (3) "CCR fugitive dust" means solid airborne particulate matter that contains or is derived from CCR, emitted from any source other than a stack or chimney. (4) "CCR landfill" or "landfill" means an area of land or an excavation that contains CCR and which is not a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground or surface coal mine, or a cave. For purposes of this chapter, a CCR landfill also includes sand and gravel pits and quarries that receive CCR, CCR piles, and any practice that does not meet the definition of a beneficial use of CCR. (5) "CCR pile" or "pile" means any non-containerized accumulation of solid, non-flowing CCR that is placed on the land. CCR that is beneficially used off-site is not a CCR pile. (6) "CCR surface impoundment" or "impoundment" means a natural topographic depression, man-made excavation, or diked area, designed to hold an accumulation of CCR and liquids, and the unit treats, stores, or disposes of CCR. (7) "CCR unit" means any CCR landfill, CCR surface impoundment, or lateral expansion of a CCR landfill or CCR surface impoundment, or a combination of more than one of these units, based on the context of the paragraph in which it is used. This term includes both new and existing units, unless otherwise specified. (8) "Contains both CCR and liquids" means that both CCR and liquids are present in a CCR surface impoundment, except where the owner or operator demonstrates that the standard in paragraph (D)(2)(a) of rule 3745-525-720 of the Administrative Code has been met. (9) "Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of a business. (10) "Current liabilities" means obligations the liquidation of which is reasonably expected to require either the use of existing resources properly classifiable as current assets or the creation of other current liabilities. (D) (1) "Dike" means an embankment, berm, or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials. (2) "Director" means the chief administrative officer of the Ohio EPA. (3) "Displacement" means the relative movement of any two sides of a fault measured in any direction. (4) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste as defined in section 1004(27) of the Resource Conservation and Recovery Act, 42 U.S.C. 6901 (1976) into or on any land or water so that such solid waste, or constituent thereof, may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. For purposes of this chapter, disposal does not include the storage or the beneficial use of CCR. (5) "Downstream toe" means the junction of the downstream slope or face of the CCR surface impoundment with the ground surface. (E) (1) "Eligible unlined CCR surface impoundment" means an existing CCR surface impoundment that meets all of the following conditions: (a) The owner or operator has documented that the CCR unit is in compliance with the location restrictions specified under rules 3745-525-101 to 3745-525-105 of the Administrative Code. (b) The owner or operator has documented that the CCR unit is in compliance with the periodic safety factor assessment requirements under paragraphs (E) and (F) of rule 3745-525-204 of the Administrative Code. (c) No constituent listed in appendix B to rule 3745-525-900 of the Administrative Code has been detected at a statistically significant level exceeding a groundwater protection standard defined under paragraph (H) of rule 3745-525-940 of the Administrative Code. (2) "Encapsulated beneficial use" means a beneficial use of CCR that binds the CCR into a solid matrix that minimizes its mobilization into the surrounding environment. (3) "Existing CCR landfill" means a CCR landfill that receives CCR both before and after October 19, 2015, or for which construction commenced prior to October 19, 2015 and receives CCR on or after October 19, 2015. A CCR landfill has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on-site, physical construction program had begun prior to October 19, 2015. (4) "Existing CCR surface impoundment" means a CCR surface impoundment that receives CCR both before and after October 19, 2015, or for which construction commenced prior to October 19, 2015 and receives CCR on or after October 19, 2015. A CCR surface impoundment has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on-site, physical construction program had begun prior to October 19, 2015. (F) (1) "Face amount" means the total amount the insurer is obligated to pay under the policy. (2) "Facility" means all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, disposing, or otherwise conducting solid waste management of CCR. A facility may consist of several treatment, storage, or disposal operational units (e.g., one or more landfills, surface impoundments, or combinations of them). (3) "Factor of safety" or "safety factor" means the ratio of the forces tending to resist the failure of a structure to the forces tending to cause such failure as determined by accepted engineering practice. (4) "Fault" means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side. (5) "Flood hydrograph" means a graph showing, for a given point on a stream, the discharge, height, or other characteristic of a flood as a function of time. (6) "Freeboard" means the vertical distance between the lowest point on the crest of the impoundment dike and the surface of the waste contained therein. (7) "Free liquids" means liquids that readily separate from the solid portion of a waste under ambient temperature and pressure. (G) "Groundwater" means water below the land surface in a zone of saturation. (H) (1) "Hazard potential classification" means the possible adverse incremental consequences that result from the release of water or stored contents due to failure of the diked CCR surface impoundment or mis-operation of the diked CCR surface impoundment or its appurtenances. The hazardous potential classifications include high hazard potential CCR surface impoundment, significant hazard potential CCR surface impoundment, and low hazard potential CCR surface impoundment, which terms mean: (a) High hazard potential CCR surface impoundment means a diked surface impoundment where failure or mis-operation will probably cause loss of human life. (b) Low hazard potential CCR surface impoundment means a diked surface impoundment where failure or mis-operation results in no probable loss of human life and low economic or environmental losses. Losses are principally limited to the surface impoundment owner's property. (c) Significant hazard potential CCR surface impoundment means a diked surface impoundment where failure or mis-operation results in no probable loss of human life, but can cause economic loss, environmental damage, disruption of lifeline facilities, or impact other concerns. (2) "Height" means the vertical measurement from the downstream toe of the CCR surface impoundment at its lowest point to the lowest elevation of the crest of the CCR surface impoundment. (3) "Holocene" means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch, at eleven thousand seven hundred years before present, to present. (4) "Hydraulic conductivity" means the rate at which water can move through a permeable medium (i.e., the coefficient of permeability). (I) (1) "Inactive CCR surface impoundment" means a CCR surface impoundment located at an active facility that no longer receives CCR on or after October 19, 2015, and still contains both CCR and liquids on or after October 19, 2015. (2) "Incised CCR surface impoundment" means a CCR surface impoundment which is constructed by excavating entirely below the natural ground surface, holds an accumulation of CCR entirely below the adjacent natural ground surface, and does not consist of any constructed diked portion. (3) "Inflow design flood" means the flood hydrograph that is used in the design or modification of the CCR surface impoundments and its appurtenant works. (4) "In operation" means the same as active life. (J) [Reserved.] (K) "Karst terrain" means an area where karst topography, with its characteristic erosional surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terrains include, but are not limited to, dolines, collapsed shafts (sinkholes), sinking streams, caves, seeps, large springs, and blind valleys. (L) (1) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing CCR landfill or existing CCR surface impoundment made after October 19, 2015. (2) "Liquefaction factor of safety" means the factor of safety or safety factor determined using analysis under liquefaction conditions. (3) "Lithified earth material" means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface. (4) "Local government" means a subdivision of the state of Ohio including, but not limited to, a municipal corporation, a county, a township, a single or joint county solid waste management district, or a solid waste management authority. (M) (1) "Major modification" means a change to a permit that is not considered a minor modification including a change that materially alters the CCR unit or its operations, a change that impacts the applicability of the requirements of this chapter, a change that could impact the protection of human health and the environment, and a change necessary to comply with new regulations, where these changes can only be implemented by substantially changing design, operational requirements, or compliance approaches in the permit, or where the revised regulation requires the application of significant technical judgment or discretion. A major modification is not considered a minor modification. Major modification includes but is not limited to the following: (a) A lateral expansion. (b) A reduction to the frequency or stringency of requirements for inspection, groundwater monitoring, sampling, analysis, recordkeeping, reporting, web posting, or maintenance activities by the permittee. (c) A change to remove or relax a permit condition that is based on an underlying requirement that is no longer applicable, but where this change in applicability is not due to a regulatory change that was subject to public notice and a public comment period, a statutory change, or an order from a court. (d) A reduction in the number, or substantial changes in location, depth, or design of groundwater monitoring wells required by the permit. (e) The addition of a new CCR unit including a new landfill unit, a lateral expansion, or a new surface impoundment unit not already authorized by a CCR permit issued pursuant to this chapter. (f) A physical change or changes in a management practice, which is not a minor modification. (g) Addition of a corrective action program or changes to the corrective action requirements in the permit. (h) A change to a plan approved in a permit, including reduction in the post-closure care period for any reason. This does not include administrative changes, a change that is a direct incorporation of a change to this chapter, or a minor modification to a closure plan. (i) Extension of a final compliance date established in a permit condition. (j) A change to a permit condition that is based on a change in an underlying regulatory or statutory requirement, which requires substantial changes to the design, operation, or compliance strategies established in the permit or which requires the application of significant technical judgement or discretion. (2) "Maximum horizontal acceleration in lithified earth material" means the maximum expected horizontal acceleration at the ground surface as depicted on a seismic hazard map, with a ninety-eight per cent or greater probability that the acceleration will not be exceeded in fifty years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment. (3) "Minor modification" means a change that does not substantially alter a permit condition or reduce the capacity of the facility to protect human health or the environment. Minor modification includes but is not limited to the following: (a) Administrative and informational changes, including changes to the name or contact information of permittees or other persons or agencies identified as points of contact in the permit or compliance plans, or changes to the name or address of the facility or CCR unit. (b) Correction of typographical errors. (c) Transfer of ownership or operational control of a facility. (d) Changes to a permit condition to incorporate a change to a maximum contaminant level (MCL) under 40 C.F.R. 141.62 and 141.66, which serve as the underlying basis for the permit condition. (e) An increase to the frequency, duration, or stringency of the requirements or procedures for inspection, monitoring, recordkeeping, reporting, web posting, sampling, analytical methods, or maintenance activities by the permittee. (f) A change to monitoring, a sampling or analysis method or a or procedure to conform to a change in this chapter. (g) Replacement of an existing groundwater monitoring well that has been damaged or rendered inoperable, as close as possible to the original location, and of similar design and depth. (h) In the closure plan, an increase to the estimate of the maximum extent of operations or the maximum inventory of waste. (N) (1) "Net working capital" means current assets minus current liabilities. (2) "Net worth" means total assets minus total liabilities and is equivalent to a person's equity. (3) "New CCR landfill" means a CCR landfill or lateral expansion of a CCR landfill that first receives CCR or commences construction after October 19, 2015. A new CCR landfill has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on-site, physical construction program had begun after October 19, 2015. Overfills are also considered new CCR landfills. (4) "New CCR surface impoundment" means a CCR surface impoundment or lateral expansion of an existing or new CCR surface impoundment that first receives CCR or commences construction after October 19, 2015. A new CCR surface impoundment has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on-site, physical construction program had begun after October 19, 2015. (O) (1) "Ohio EPA" means Ohio environmental protection agency. (2) "Operator" means the person responsible for the overall operation of a CCR unit. This term includes those persons or parties responsible for disposal or otherwise actively engaged in the solid waste management of CCR. It also includes those responsible for directing or overseeing groundwater monitoring, closure or post-closure activities at a CCR unit. (3) "Overfill" means a new CCR landfill constructed over a closed CCR surface impoundment. (4) "Owner" means the person who owns a CCR unit or part of a CCR unit, or a facility, whether in full or in part. (P) (1) "Parent corporation" means a corporation or the ultimate corporation that directly owns at least fifty per cent of the voting stock of the corporation that holds a permit or license issued in accordance with applicable program chapters of the Administrative Code. (2) "Poor foundation conditions" mean those areas where features exist which indicate that a natural or human-induced event may result in inadequate foundation support for the structural components of an existing or new CCR unit. For example, failure to maintain static and seismic factors of safety as required in paragraph (E) of rule 3745-525-204 of the Administrative Code and paragraph (E) of rule 3745-525-205 of the Administrative Code would cause a poor foundation condition. (3) "Probable maximum flood" means the flood that may be expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in the drainage basin. (Q) (1) "Qualified person" means a person or persons trained to recognize specific appearances of structural weakness and other conditions which are disrupting or have the potential to disrupt the operation or safety of the CCR unit by visual observation and, if applicable, to monitor instrumentation. (2) "Qualified professional engineer" means an individual who is licensed by a state as a professional engineer to practice one or more disciplines of engineering and who is qualified by education, technical knowledge and experience to make the specific technical certifications required under this chapter. Professional engineers making these certifications shall be currently licensed in the state where the CCR unit is located. (R) (1) "Recognized and generally accepted good engineering practices" means engineering maintenance or operation activities based on established codes, widely accepted standards, published technical reports, or a practice widely recommended throughout the industry. Such practices generally detail approved ways to perform specific engineering, inspection, or mechanical integrity activities. (2) "Retrofit" means to remove all CCR and contaminated soils and sediments from the CCR surface impoundment, and to ensure the unit complies with the requirements in rule 3745-525-203 of the Administrative Code. (3) "Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, and groundwater) which can be expected to exhibit the average properties of the universe or whole. See EPA publication SW-846, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Chapter 9" (available at https://www.epa.gov/hw-sw846/sw-846-compendium#chapters) for a discussion and examples of representative samples. (4) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a CCR landfill or lateral expansion of a CCR landfill. (5) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a CCR landfill or lateral expansion of a CCR landfill. (S) (1) "Sand and gravel pit or quarry" means an excavation for the extraction of aggregate, minerals or metals. The terms sand and gravel pit and quarry do not include subsurface or surface coal mines. (2) "Seismic factor of safety" means the factor of safety (safety factor) determined using analysis under earthquake conditions using the peak ground acceleration for a seismic event with a two per cent probability of exceedance in fifty years, equivalent to a return period of approximately two thousand five hundred years, based on the U.S. geological survey (USGS) seismic hazard maps for seismic events with this return period for the region where the CCR surface impoundment is located. (3) "Seismic impact zone" means an area having a two per cent or greater probability that the maximum expected horizontal acceleration, expressed as a percentage of the earth's gravitational pull (g), will exceed 0.10 g in fifty years. (4) "Slope protection" means engineered or non-engineered measures installed on the upstream or downstream slope of the CCR surface impoundment to protect the slope against wave action or erosion, including but not limited to rock riprap, wooden pile, or concrete revetments, vegetated wave berms, concrete facing, gabions, geotextiles, or fascines. (5) "Solid waste management" or "management" means the systematic administration of the activities which provide for the collection, source separation, storage, transportation, processing, treatment, or disposal of solid waste. (6) "Static factor of safety" or "safety factor" means the factor of safety determined using analysis under the long-term, maximum storage pool loading condition, the maximum surcharge pool loading condition, and under the end-of-construction loading condition. (7) "Structural components" mean liners, leachate collection and removal systems, final covers, run-on and run-off systems, inflow design flood control systems, and any other component used in the construction and operation of the CCR unit that is necessary to ensure the integrity of the unit and that the contents of the unit are not released into the environment. (T) (1) "Tangible net worth" means the tangible assets that remain after deducting liabilities. For the purposes of this definition "tangible assets" do not include such intangibles as goodwill and rights to patents or royalties. (2) "Technically feasible" or "feasible" means possible to do in a way that would likely be successful. (3) "Technically infeasible" or "infeasible" means not possible to do in a way that would likely be successful. (U) (1) "Unstable area" means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity, including structural components, of some or all of the CCR unit that are responsible for preventing releases from such unit. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and karst terrains. (2) "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary. Upper limit is measured at a point nearest to the natural ground surface to which the aquifer rises during the wet season. (V) [Reserved.] (W) "Waste boundary" means a vertical surface located at the hydraulically downgradient limit of the CCR unit. The vertical surface extends down into the uppermost aquifer.
Last updated October 1, 2026 at 9:22 AM
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Rule 3745-525-10 | Relationships among authorizing documents, rules, and the authority of the director.
Effective:
October 1, 2026
(A) When direct conflict occurs between a requirement of this chapter and a permit to install or a permit to install and operate issued pursuant to this chapter approved prior to the establishment of that requirement in the rules, the owner or operator shall comply with the permit until the obligation in the permit ceases. After the obligation ceases, the owner or operator shall comply with the rules. (B) When a direct conflict occurs between a requirement of this chapter and an order issued by the director, or court having competent jurisdiction prior to the establishment of that requirement in the rules, the owner or operator shall comply with the order until the order is terminated or until the obligation in the order ceases. After the obligation in the order has ceased, the owner or operator shall comply with the rules. (C) Nothing in this chapter is intended nor construed to limit or infringe upon any authority granted by statute to the director including but not limited to issuing orders, conducting inspections, and enforcing the standards and requirements of statutes and rules adopted thereunder.
Last updated October 1, 2026 at 9:16 AM
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Rule 3745-525-50 | Recordkeeping requirements, 40 C.F.R. 257.105.
Effective:
October 1, 2026
(A) Operating record. Each owner or operator of a CCR unit subject to the requirements of this chapter shall date and maintain files of all information required by this rule in a written operating record at their facility. Each file shall indicate the date the file was placed in the operating record. (B) Document retention. Unless specified otherwise, each file shall be retained for at least five years following the date of each occurrence, measurement, maintenance, corrective action, report, record, or study. (C) Recordkeeping for multiple CCR units. An owner or operator of more than one CCR unit subject to the provisions of this chapter may comply with the requirements of this rule in one recordkeeping system provided the system identifies each file by the name of each CCR unit. The files may be maintained on microfilm, on a computer, on computer disks, on a storage system accessible by a computer, on magnetic tape disks, or on microfiche. (D) Ohio EPA notification. The owner or operator of a CCR unit shall submit to Ohio EPA any demonstration or documentation required by this chapter, if requested, when such information is not otherwise available on the owner or operator's CCR website. (E) Location restrictions. The owner or operator of a CCR unit subject to this chapter shall place the demonstrations documenting whether or not the CCR unit is in compliance with the requirements under paragraph (A) of rule 3745-525-101 of the Administrative Code, paragraph (A) of rule 3745-525-102 of the Administrative Code, paragraph (A) of rule 3745-525-103 of the Administrative Code, paragraph (A) of rule 3745-525-104 of the Administrative Code, and paragraph (A) of rule 3745-525-105 of the Administrative Code, as it becomes available, in the facility's operating record, except each location restrictions demonstration shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code. (F) Design criteria. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record: (1) The design and construction certifications as required by paragraphs (E) and (F) of rule 3745-525-201 of the Administrative Code, except each certification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (2) The documentation of liner type as required by paragraph (A) of rule 3745-525-202 of the Administrative Code, except each liner type documentation shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (3) The design and construction certifications as required by paragraphs (C) and (D) of rule 3745-525-203 of the Administrative Code, except each certification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (4) Documentation prepared by the owner or operator stating that the permanent identification marker was installed as required by paragraph (A)(1) of rule 3745-525-204 of the Administrative Code and paragraph (A)(1) of rule 3745-525-205 of the Administrative Code, except each document shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (5) The initial and periodic hazard potential classification assessments as required by paragraph (A)(2) of rule 3745-525-204 and paragraph (A)(2) of rule 3745-525-205 of the Administrative Code, except each hazard potential classification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (6) The emergency action plan (EAP), and any amendment of the EAP, as required by paragraph (A)(3) of rule 3745-525-204 and paragraph (A)(3) of rule 3745-525-205 of the Administrative Code, except that each EAP shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (7) Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders as required by paragraph (A)(3)(a)(v) of rule 3745-525-204 of the Administrative Code and paragraph (A)(3)(a)(v) of rule 3745-525-205 of the Administrative Code, except each document shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (8) Documentation prepared by the owner or operator recording all activations of the EAP as required by paragraph (A)(3)(e) of rule 3745-525-204 of the Administrative Code and paragraph (A)(3)(e) of rule 3745-525-205 of the Administrative Code, except each documentation of EAP activations shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (9) The history of construction, and any revisions of it, as required by paragraph (C) of rule 3745-525-204 of the Administrative Code, except that each history of construction shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (10) The initial and periodic structural stability assessments as required by paragraph (D) of rule 3745-525-204 of the Administrative Code and paragraph (D) of rule 3745-525-205 of the Administrative Code, except each structural stability assessment shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (11) Documentation detailing the corrective measures taken to remedy the deficiency or release as required by paragraph (D)(2) of rule 3745-525-204 of the Administrative Code and paragraph (D)(2) of rule 3745-525-205 of the Administrative Code, except each document shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (12) The initial and periodic safety factor assessments as required by paragraph (E) of rule 3745-525-204 of the Administrative Code and paragraph (E) of rule 3745-525-205 of the Administrative Code, except each safety factor assessment shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (13) The design and construction plans, and any revisions of it, as required by paragraph (C) of rule 3745-525-205 of the Administrative Code, except the design and construction plans shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (14) The application and any supplemental materials submitted in support of the application as required by paragraph (D)(1)(a)(v) of rule 3745-525-202 of the Administrative Code, except each application and supplemental materials shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (15) The alternative liner demonstration as required by paragraph (D)(1)(b)(iv) of rule 3745-525-202 of the Administrative Code. (16) The alternative liner demonstration extension request as required by paragraph (D)(2)(b)(iv) of rule 3745-525-202 of the Administrative Code. (17) The documentation prepared for the preliminary demonstration as required by paragraph (D)(2)(b)(v) of rule 3745-525-202 of the Administrative Code. (18) The notification of an incomplete application as required by paragraph (D)(2)(c)(ii) of rule 3745-525-202 of the Administrative Code. (19) The decision on the application as required by paragraph (D)(2)(c)(vi) of rule 3745-525-202 of the Administrative Code, except each decision shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (20) The final decision on the alternative liner demonstration as required by paragraph (D)(2)(g) of rule 3745-525-202 of the Administrative Code. (21) The alternative source demonstration as required under paragraph (D)(2)(i)(i)(d) of rule 3745-525-202 of the Administrative Code. (22) The final decision on the alternative source demonstration as required under paragraph (D)(2)(i)(i)(e) of rule 3745-525-202 of the Administrative Code. (23) The final decision on the trend analysis as required under paragraph (D)(2)(i)(ii)(c) of rule 3745-525-202 of the Administrative Code. (24) The decision that the alternative source demonstration has been withdrawn as required under paragraph (D)(2)(i)(iii) of rule 3745-525-202 of the Administrative Code. (G) Operating criteria. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record: (1) The CCR fugitive dust control plan, and any subsequent amendment of the plan, required by paragraph (B) of rule 3745-525-610 of the Administrative Code, except that each fugitive dust control plan shall be maintained for five years after closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or completes post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code is completed at the last CCR unit at the irrespective of the time requirement specified in paragraph (B) of this rule. (2) The annual CCR fugitive dust control report required by paragraph (C) of rule 3745-525-610 of the Administrative Code, except each fugitive dust control report shall be maintained for five years after closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code is completed at the last CCR unit at the facility irrespective of the time requirement specified in paragraph (B) of this rule. (3) The initial and periodic run-on and run-off control system plans as required by paragraph (C) of rule 3745-525-620 of the Administrative Code, except each plan shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (4) The initial and periodic inflow design flood control system plan as required by paragraph (C) of rule 3745-525-630 of the Administrative Code, except each plan shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (5) Documentation recording the results of each inspection and instrumentation monitoring by a qualified person as required by paragraph (A) of rule 3745-525-640 of the Administrative Code, except each document shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (6) The periodic inspection report as required by paragraph (B)(2) of rule 3745-525-640 of the Administrative Code, except each inspection report shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (7) Documentation detailing the corrective measures taken to remedy the deficiency or release as required by paragraph (B)(5) of rule 3745-525-640 of the Administrative Code and paragraph (B)(5) of rule 3745-525-650 of the Administrative Code, except each document shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (8) Documentation recording the results of the weekly inspection by a qualified person as required by paragraph (A) of rule 3745-525-650 of the Administrative Code, except each inspection report shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (9) The periodic inspection report as required by paragraph (B)(2) of rule 3745-525-650 of the Administrative Code, except each inspection report shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (H) Groundwater monitoring and corrective action. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record: (1) The annual groundwater monitoring and corrective action report as required by paragraph (E) of rule 3745-525-900 of the Administrative Code, except each annual groundwater monitoring and corrective action report shall be maintained for five years after the last CCR unit at the facility either completes closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completes post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (2) Documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices as required by paragraph (E)(1) of rule 3745-525-910 of the Administrative Code, except each document shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (3) The groundwater monitoring system certification as required by paragraph (F) of rule 3745-525-910 of the Administrative Code, except each certification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (4) The selection of a statistical method certification as required by paragraph (F)(6) of rule 3745-525-920 of the Administrative Code, except each certification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (5) Within thirty days of establishing an assessment monitoring program, the notification as required by paragraph (E)(3) of rule 3745-525-930 of the Administrative Code. (6) The results of appendices A and B to rule 3745-525-900 of the Administrative Code constituent concentrations as required by paragraph (D)(1) of rule 3745-525-940 of the Administrative Code. (7) Within thirty days of returning to a detection monitoring program, the notification as required by paragraph (E) of rule 3745-525-940 of the Administrative Code. (8) Within thirty days of detecting one or more constituents in appendix B to rule 3745-525-900 of the Administrative Code at statistically significant levels above the groundwater protection standard, the notifications as required by paragraph (G) of rule 3745-525-940 of the Administrative Code. (9) Within thirty days of initiating the assessment of corrective measures requirements, the notification as required by paragraph (G)(5) of rule 3745-525-940 of the Administrative Code. (10) The completed assessment of corrective measures as required by paragraph (D) of rule 3745-525-950 of the Administrative Code, except each certification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (11) Documentation prepared by the owner or operator recording the public meeting for the corrective measures assessment as required by paragraph (E) of rule 3745-525-950 of the Administrative Code, except each certification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (12) The semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report as required by paragraph (A) of rule 3745-525-960 of the Administrative Code, except that the selection of remedy report shall be maintained until the remedy has been completed. (13) Within thirty days of completing the remedy, the notification as required by paragraph (E) of rule 3745-525-970 of the Administrative Code, except each notification shall be maintained for five years after completion of the remedy selected pursuant to rule 3745-525-970 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (I) Closure and post-closure care. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record: (1) The written closure plan, and any amendment of the plan, as required by paragraph (B) of rule 3745-525-720 of the Administrative Code, except that only the most recent closure plan shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (2) The written demonstration, including the certification required by paragraph (E)(2)(c) of rule 3745-525-720 of the Administrative Code, for a time extension for initiating closure as required by paragraph (E)(2)(b) of rule 3745-525-720 of the Administrative Code, except each demonstration shall be maintained until notice of completion of closure is placed in the operating record in accordance with paragraph (H) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (3) The written demonstration, including the certification required by paragraph (F)(2)(c) of rule 3745-525-720 of the Administrative Code, for a time extension for completing closure as required by paragraph (F)(2)(a) of rule 3745-525-720 of the Administrative Code, except each demonstration shall be maintained for five years after completion of closure in accordance with paragraph (C) or (D) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (4) The notification of intent to close a CCR unit as required by paragraph (G) of rule 3745-525-720 of the Administrative Code, except each notification shall be maintained for five years after completion of closure in accordance with paragraph (C) or (D) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (5) The notification of completion of closure of a CCR unit as required by paragraph (H) of rule 3745-525-720 of the Administrative Code, except each notification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (6) The notification recording a notation on the deed as required by paragraph (I) of rule 3745-525-720 of the Administrative Code, except each notification shall be maintained for five years after completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (7) The notification of intent to comply with the alternative closure requirements as required by paragraph (C)(1) of rule 3745-525-730 of the Administrative Code, except each notification shall be maintained for five years after completion of closure in accordance with paragraph (C) or (D) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (8) The annual progress reports under the alternative closure requirements as required by paragraph (C)(2) of rule 3745-525-730 of the Administrative Code, except each report shall be maintained for five years after completion of closure in accordance with paragraph (C) or (D) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (9) The written post-closure plan, and any amendment of the plan, as required by paragraph (D) of rule 3745-525-750 of the Administrative Code, except that only the most recent post-closure plan shall be maintained for five years after completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (10) The notification of completion of post-closure care period as required by paragraph (E) of rule 3745-525-750 of the Administrative Code, except each notification shall be maintained for five years after completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (11) The notification of intent to comply with the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as required by paragraph (F)(1)(i)(i) of rule 3745-525-730 of the Administrative Code, except each notification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (12) The approved or denied demonstration for the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as required by paragraph (F)(1)(i)(ii) of rule 3745-525-730 of the Administrative Code, except each approval or denial shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (13) The notification for requesting additional time to the alternative cease receipt of waste deadline as required by paragraph (F)(1)(i)(iii) of rule 3745-525-730 of the Administrative Code, except each notification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (14) The semi-annual progress reports for the site-specific alternative to initiation of closure due to development of alternative capacity being infeasible as required by paragraph (F)(1)(k) of rule 3745-525-730 of the Administrative Code, except each semi-annual progress report shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (15) The notification of intent to comply with the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as required by paragraph (F)(2)(h) of rule 3745-525-730 of the Administrative Code, except each notification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (16) The approved or denied demonstration for the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as required by paragraph (F)(2)(i) of rule 3745-525-730 of the Administrative Code, except each demonstration shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (17) The annual progress report for the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as required by paragraph (F)(2)(j) of rule 3745-525-730 of the Administrative Code, except each annual progress report shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) or (C)(2) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (B) of this rule. (J) Retrofit criteria. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record: (1) The written retrofit plan, and any amendment of the plan, as required by paragraph (K)(2) of rule 3745-525-720 of the Administrative Code, except that only the most recent retrofit plan shall be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (B) of this rule. (2) The notification of intent that the retrofit activities will proceed in accordance with the alternative procedures in rule 3745-525-730 of the Administrative Code. (3) The annual progress reports required under the alternative requirements as required by rule 3745-525-730 of the Administrative Code. (4) The written demonstration, including the certification in paragraph (F)(2)(c) of rule 3745-525-720 of the Administrative Code, for a time extension for completing retrofit activities as required by paragraph (K)(3) of rule 3745-525-720 of the Administrative Code. (5) The notification of intent to initiate retrofit of a CCR unit as required by paragraph (K)(5) of rule 3745-525-720 of the Administrative Code. (6) The notification of completion of retrofit activities as required by paragraph (K)(6) of rule 3745-525-720 of the Administrative Code.
Last updated October 1, 2026 at 9:52 AM
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Rule 3745-525-60 | Notification requirements, 40 C.F.R. 257.106.
Effective:
October 1, 2026
(A) Deadline to submit notification to Ohio EPA. The notifications required under paragraphs (E) to (J) of this rule shall be sent to Ohio EPA before the close of business on the day the notification is required to be completed. For the purposes of this rule, "before the close of business" means the notification shall be postmarked or sent by electronic mail (email). If a notification deadline falls on a weekend or federal holiday, the notification deadline is automatically extended to the next business day. (B) [Reserved.] (C) Combining notifications. Notifications may be combined as long as the deadline requirement for each notification is met. (D) Notification deadline after placement in operating record. Unless otherwise required in this rule, the notifications specified in this rule shall be sent to Ohio EPA within thirty days of placing in the operating record the information required by rule 3745-525-50 of the Administrative Code. (E) Location restrictions. The owner or operator of a CCR unit subject to the requirements of this chapter shall notify Ohio EPA that each demonstration specified under paragraph (E) of rule 3745-525-50 of the Administrative Code has been placed in the operating record and on the owner or operator's publicly accessible internet site. (F) Design criteria. The owner or operator of a CCR unit subject to this chapter shall notify Ohio EPA when information has been placed in the operating record and on the owner or operator's publicly accessible internet site. The owner or operator shall do the following: (1) Within sixty days of commencing construction of a new CCR unit, provide notification of the availability of the design certification specified under paragraph (F)(1) or (F)(3) of rule 3745-525-50 of the Administrative Code. If the owner or operator of the CCR unit elects to install an alternative composite liner, the owner or operator shall also submit to Ohio EPA a copy of the alternative composite liner design. (2) Not later than the date of initial receipt of CCR by a new CCR unit, provide notification of the availability of the construction certification specified under paragraph (F)(1) or (F)(3) of rule 3745-525-50 of the Administrative Code. (3) Provide notification of the availability of the documentation of liner type specified under paragraph (F)(2) of rule 3745-525-50 of the Administrative Code. (4) Provide notification of the availability of the initial and periodic hazard potential classification assessments specified under paragraph (F)(5) of rule 3745-525-50 of the Administrative Code. (5) Provide notification of the availability of the EAP, and any revisions of the EAP, specified under paragraph (F)(6) of rule 3745-525-50 of the Administrative Code. (6) Provide notification of the availability of documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders specified under paragraph (F)(7) of rule 3745-525-50 of the Administrative Code. (7) Provide notification of documentation prepared by the owner or operator recording all activations of the EAP specified under paragraph (F)(8) of rule 3745-525-50 of the Administrative Code. (8) Provide notification of the availability of the history of construction, and any revision of it, specified under paragraph (F)(9) of rule 3745-525-50 of the Administrative Code. (9) Provide notification of the availability of the initial and periodic structural stability assessments specified under paragraph (F)(10) of rule 3745-525-50 of the Administrative Code. (10) Provide notification of the availability of the documentation detailing the corrective measures taken to remedy the deficiency or release specified under paragraph (F)(11) of rule 3745-525-50 of the Administrative Code. (11) Provide notification of the availability of the initial and periodic safety factor assessments specified under paragraph (F)(12) of rule 3745-525-50 of the Administrative Code. (12) Provide notification of the availability of the design and construction plans, and any revision of them, specified under paragraph (F)(13) of rule 3745-525-50 of the Administrative Code. (13) Provide notification of the availability of the application and any supplemental materials submitted in support of the application specified under paragraph (F)(14) of rule 3745-525-50 of the Administrative Code. (14) Provide notification of the availability of the alternative liner demonstration specified under paragraph (F)(15) of rule 3745-525-50 of the Administrative Code. (15) Provide notification of the availability of the alternative liner demonstration extension request specified under paragraph (F)(16) of rule 3745-525-50 of the Administrative Code. (16) Provide notification of the availability of the documentation prepared for the preliminary demonstration specified under paragraph (F)(17) of rule 3745-525-50 of the Administrative Code. (17) Provide notification of the availability of the notification of an incomplete application specified under paragraph (F)(18) of rule 3745-525-50 of the Administrative Code. (18) Provide notification of the availability of the decision on the application specified under paragraph (F)(19) of rule 3745-525-50 of the Administrative Code. (19) Provide notification of the availability of the final decision on the alternative liner demonstration specified under paragraph (F)(20) of rule 3745-525-50 of the Administrative Code. (20) Provide notification of the availability of the alternative source demonstration specified under paragraph (F)(21) of rule 3745-525-50 of the Administrative Code. (21) Provide notification of the availability of the final decision on the alternative source demonstration specified under paragraph (F)(22) of rule 3745-525-50 of the Administrative Code. (22) Provide notification of the final decision on the trend analysis specified under paragraph (F)(23) of rule 3745-525-50 of the Administrative Code. (23) Provide notification of the decision that the alternative source demonstration has been withdrawn specified under paragraph (F)(24) of rule 3745-525-50 of the Administrative Code. (G) Operating criteria. The owner or operator of a CCR unit subject to this chapter shall notify Ohio EPA when information has been placed in the operating record and on the owner or operator's publicly accessible internet site. The owner or operator shall do the following: (1) Provide notification of the availability of the CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under paragraph (G)(1) of rule 3745-525-50 of the Administrative Code. (2) Provide notification of the availability of the annual CCR fugitive dust control report specified under paragraph (G)(2) of rule 3745-525-50 of the Administrative Code. (3) Provide notification of the availability of the initial and periodic run-on and run-off control system plans specified under paragraph (G)(3) of rule 3745-525-50 of the Administrative Code. (4) Provide notification of the availability of the initial and periodic inflow design flood control system plans specified under paragraph (G)(4) of rule 3745-525-50 of the Administrative Code. (5) Provide notification of the availability of the periodic inspection reports specified under paragraph (G)(6) of rule 3745-525-50 of the Administrative Code. (6) Provide notification of the availability of the documentation detailing the corrective measures taken to remedy the deficiency or release specified under paragraph (G)(7) of rule 3745-525-50 of the Administrative Code. (7) Provide notification of the availability of the periodic inspection reports specified under paragraph (G)(9) of rule 3745-525-50 of the Administrative Code. (H) Groundwater monitoring and corrective action. The owner or operator of a CCR unit subject to this chapter shall notify Ohio EPA when information has been placed in the operating record and on the owner or operator's publicly accessible internet site. The owner or operator shall do the following: (1) Provide notification of the availability of the annual groundwater monitoring and corrective action report specified under paragraph (H)(1) of rule 3745-525-50 of the Administrative Code. (2) Provide notification of the availability of the groundwater monitoring system certification specified under paragraph (H)(3) of rule 3745-525-50 of the Administrative Code. (3) Provide notification of the availability of the selection of a statistical method certification specified under paragraph (H)(4) of rule 3745-525-50 of the Administrative Code. (4) Provide notification that an assessment monitoring programs has been established specified under paragraph (H)(5) of rule 3745-525-50 of the Administrative Code. (5) Provide notification that the CCR unit is returning to a detection monitoring program specified under paragraph (H)(7) of rule 3745-525-50 of the Administrative Code. (6) Provide notification that one or more constituents in appendix B to rule 3745-525-900 of the Administrative Code have been detected at statistically significant levels above the groundwater protection standard and the notifications to land owners specified under paragraph (H)(8) of rule 3745-525-50 of the Administrative Code. (7) Provide notification that an assessment of corrective measures has been initiated specified under paragraph (H)(9) of rule 3745-525-50 of the Administrative Code. (8) Provide notification of the availability of assessment of corrective measures specified under paragraph (H)(10) of rule 3745-525-50 of the Administrative Code. (9) Provide notification of the availability of the semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report specified under paragraph (H)(12) of rule 3745-525-50 of the Administrative Code. (10) Provide notification of the completion of the remedy specified under paragraph (H)(13) of rule 3745-525-50 of the Administrative Code. (I) Closure and post-closure care. The owner or operator of a CCR unit subject to this chapter shall notify Ohio EPA when information has been placed in the operating record and on the owner or operator's publicly accessible internet site. The owner or operator shall do the following: (1) Provide notification of the availability of the written closure plan, and any amendment of the plan, specified under paragraph (I)(1) of rule 3745-525-50 of the Administrative Code. (2) Provide notification of the availability of the demonstration for a time extension for initiating closure specified under paragraph (I)(2) of rule 3745-525-50 of the Administrative Code. (3) Provide notification of the availability of the demonstration for a time extension for completing closure specified under paragraph (I)(3) of rule 3745-525-50 of the Administrative Code. (4) Provide notification of intent to close a CCR unit specified under paragraph (I)(4) of rule 3745-525-50 of the Administrative Code. (5) Provide notification of completion of closure of a CCR unit specified under paragraph (I)(5) of rule 3745-525-50 of the Administrative Code. (6) Provide notification of the deed notation as required by paragraph (I)(6) of rule 3745-525-50 of the Administrative Code. (7) Provide notification of intent to comply with the alternative closure requirements specified under paragraph (I)(7) of rule 3745-525-50 of the Administrative Code. (8) Provide the annual progress reports under the alternative closure requirements as required by paragraph (I)(8) of rule 3745-525-50 of the Administrative Code. (9) Provide notification of the availability of the written post-closure plan, and any amendment of the plan, specified under paragraph (I)(9) of rule 3745-525-50 of the Administrative Code. (10) Provide notification of completion of post-closure care specified under paragraph (I)(10) of rule 3745-525-50 of the Administrative Code. (11) Provide the notification of intent to comply with the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as specified under paragraph (I)(11) of rule 3745-525-50 of the Administrative Code. (12) Provide the approved or denied demonstration for the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as required by as specified under paragraph (I)(12) of rule 3745-525-50 of the Administrative Code. (13) Provide the notification for requesting additional time to the alternative cease receipt of waste deadline as required by paragraph (I)(13) of rule 3745-525-50 of the Administrative Code. (14) Provide the semi-annual progress reports for the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as specified under paragraph (I)(14) of rule 3745-525-50 of the Administrative Code. (15) Provide the notification of intent to comply with the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as specified under paragraph (I)(15) of rule 3745-525-50 of the Administrative Code. (16) Provide the approved or denied demonstration for the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as required by paragraph (I)(16) of rule 3745-525-50 of the Administrative Code. (17) Provide the annual progress report for the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as required by paragraph (I)(17) of rule 3745-525-50 of the Administrative Code. (J) Retrofit criteria. The owner or operator of a CCR unit subject to this chapter shall notify Ohio EPA when information has been placed in the operating record and on the owner or operator's publicly accessible internet site. The owner or operator shall do the following: (1) Provide notification of the availability of the written retrofit plan, and any amendment of the plan, specified under paragraph (J)(1) of rule 3745-525-50 of the Administrative Code. (2) Provide notification of intent to comply with the alternative retrofit requirements specified under paragraph (J)(2) of rule 3745-525-50 of the Administrative Code. (3) Provide the annual progress reports under the alternative retrofit requirements as required by paragraph (J)(3) of rule 3745-525-50 of the Administrative Code. (4) Provide notification of the availability of the demonstration for a time extension for completing retrofit activities specified under paragraph (J)(4) of rule 3745-525-50 of the Administrative Code. (5) Provide notification of intent to initiate retrofit of a CCR unit specified under paragraph (J)(5) of rule 3745-525-50 of the Administrative Code. (6) Provide notification of completion of retrofit activities specified under paragraph (J)(6) of rule 3745-525-50 of the Administrative Code.
Last updated October 1, 2026 at 9:16 AM
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Rule 3745-525-70 | Publicly accessible internet site requirements, 40 C.F.R. 257.107.
Effective:
October 1, 2026
(A) CCR website requirement. Each owner or operator of a CCR unit subject to the requirements of this chapter shall maintain a publicly accessible internet site (CCR website) containing the information specified in this rule. The owner or operator's website shall be titled "CCR Rule Compliance Data and Information." The website shall ensure that all information required to be posted is immediately available to anyone visiting the site, without requiring any prerequisite, such as registration or a requirement to submit a document request. All required information shall be clearly identifiable and shall be able to be immediately printed and downloaded by anyone accessing the site. If the owner or operator changes the web address (i.e., uniform resource locator (URL)) at any point, the owner or operator shall notify EPA via the "contact us" form on EPA's CCR website and Ohio EPA within fourteen days of making the change. The facility's CCR website shall also have a "contact us" form or a specific email address posted on the website for the public to use to submit questions and issues relating to the availability of information on the website. (B) CCR website for multiple CCR units or combined websites for multiple regulatory programs. (1) An owner or operator of more than one CCR unit subject to the provisions of this chapter may comply with the requirements of this rule by using the same internet site for multiple CCR units provided the CCR website clearly delineates information by the name or identification number of each unit. (2) An owner or operator may maintain one website combining the postings required under this chapter with the postings required by other regulatory programs, provided the postings required for each regulatory program are delineated under a separate heading on the website. (C) Document retention on a CCR website. Unless otherwise required in this rule, the information required to be posted to the CCR website shall be made available to the public for at least five years following the date on which the information was first posted to the CCR website. (D) Website posting deadline after placement in operating record. Unless otherwise required in this rule, the information shall be posted to the CCR website within thirty days of placing the pertinent information required by rule 3745-525-50 of the Administrative Code in the operating record. (E) Location restrictions. The owner or operator of a CCR unit subject to this chapter shall place each demonstration specified under paragraph (E) of rule 3745-525-50 of the Administrative Code on the owner or operator's CCR website except each location restrictions demonstration shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (F) Design criteria. The owner or operator of a CCR unit subject to this chapter shall place the following information on the owner or operator's CCR website: (1) Within sixty days of commencing construction of a new unit, the design certification specified under paragraph (F)(1) or (F)(3) of rule 3745-525-50 of the Administrative Code, except each certification shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (2) Not later than the date of initial receipt of CCR by a new CCR unit, the construction certification specified under paragraph (F)(1) or (F)(3) of rule 3745-525-50 of the Administrative Code, except each certification shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code, or until the liner is removed irrespective of the time requirement specified in paragraph (C) of this rule, whichever is later. (3) The documentation of liner type specified under paragraph (F)(2) of rule 3745-525-50 of the Administrative Code, except each document shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code, or until the liner is removed irrespective of the time requirement specified in paragraph (C) of this rule, whichever is later. (4) The initial and periodic hazard potential classification assessments specified under paragraph (F)(5) of rule 3745-525-50 of the Administrative Code, except only the two most recent hazard potential classification assessments shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (5) The EAP specified under paragraph (F)(6) of rule 3745-525-50 of the Administrative Code, except that only the most recent EAP shall be maintained on the CCR website irrespective of the time requirement specified in paragraph (C) of this rule. (6) Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders specified under paragraph (F)(7) of rule 3745-525-50 of the Administrative Code, except only the most recent documentation shall be posted on the CCR website irrespective of the time requirement specified in paragraph (C) of this rule. (7) Documentation prepared by the owner or operator recording any activation of the EAP specified under paragraph (F)(8) of rule 3745-525-50 of the Administrative Code if no activation in the last five years, documentation that includes that information irrespective of the time requirement specified in paragraph (C) of this rule. (8) The history of construction, and any revisions of it, specified under paragraph (F)(9) of rule 3745-525-50 of the Administrative Code, except the history of constructions, and any revisions of it, shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (9) The initial and periodic structural stability assessments specified under paragraph (F)(10) of rule 3745-525-50 of the Administrative Code, except only the two most recent structural stability assessments shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (10) The documentation detailing the corrective measures taken to remedy the deficiency or release specified under paragraph (F)(11) of rule 3745-525-50 of the Administrative Code, except each document shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (11) The initial and periodic safety factor assessments specified under paragraph (F)(12) of rule 3745-525-50 of the Administrative Code, except only the two most recent safety factor assessments shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (12) The design and construction plans, and any revisions of them, specified under paragraph (F)(13) of rule 3745-525-50 of the Administrative Code, except each plan shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (13) The application and any supplemental materials submitted in support of the application specified under paragraph (F)(14) of rule 3745-525-50 of the Administrative Code, except each application shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (14) The alternative liner demonstration specified under paragraph (F)(15) of rule 3745-525-50 of the Administrative Code. (15) The alternative liner demonstration specified under paragraph (F)(16) of rule 3745-525-50 of the Administrative Code. (16) The documentation prepared for the preliminary demonstration specified under paragraph (F)(17) of rule 3745-525-50 of the Administrative Code. (17) The notification of an incomplete application specified under paragraph (F)(18) of rule 3745-525-50 of the Administrative Code. (18) The decision on the application specified under paragraph (F)(19) of rule 3745-525-50 of the Administrative Code, except each decision shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (19) The final decision on the alternative liner demonstration specified under paragraph (F)(20) of rule 3745-525-50 of the Administrative Code. (20) The alternative source demonstration specified under paragraph (F)(21) of rule 3745-525-50 of the Administrative Code. (21) The final decision on the alternative source demonstration specified under paragraph (F)(22) of rule 3745-525-50 of the Administrative Code. (22) The final decision on the trend analysis specified under paragraph (F)(23) of rule 3745-525-50 of the Administrative Code. (23) The decision that the alternative source demonstration has been withdrawn specified under paragraph (F)(24) of rule 3745-525-50 of the Administrative Code. (G) Operating criteria. The owner or operator of a CCR unit subject to this chapter shall place the following information on the owner or operator's CCR website: (1) The CCR fugitive dust control plan, or any subsequent amendment of the plan, specified under paragraph (G)(1) of rule 3745-525-50 of the Administrative Code except that only the most recent plan shall be maintained on the CCR website irrespective of the time requirement specified in paragraph (C) of this rule until the last CCR unit at the facility completes closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or completes post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (2) The annual CCR fugitive dust control report specified under paragraph (G)(2) of rule 3745-525-50 of the Administrative Code. Each report shall be posted for the duration specified in paragraph (C) of this rule, except that the final report shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (3) The initial and periodic run-on and run-off control system plans specified under paragraph (G)(3) of rule 3745-525-50 of the Administrative Code, except each plan shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (4) The initial and periodic inflow design flood control system plans specified under paragraph (G)(4) of rule 3745-525-50 of the Administrative Code, except each plan shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (5) The periodic inspection reports specified under paragraph (G)(6) of rule 3745-525-50 of the Administrative Code. Each report shall be posted for the duration specified in paragraph (C) of this rule, except that the final report shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (6) The documentation detailing the corrective measures taken to remedy the deficiency or release specified under paragraph (G)(7) of rule 3745-525-50 of the Administrative Code. Each report shall be posted for the duration specified in paragraph (C) of this rule, except that the final documentation shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (7) The periodic inspection reports specified under paragraph (G)(9) of rule 3745-525-50 of the Administrative Code. Each report shall be posted for the duration specified in paragraph (C) of this rule, except that the final report shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (H) Groundwater monitoring and corrective action. The owner or operator of a CCR unit subject to this chapter shall place the following information on the owner or operator's CCR website: (1) The annual groundwater monitoring and corrective action report specified under paragraph (H)(1) of rule 3745-525-50 of the Administrative Code. Each report shall be posted for the duration specified in paragraph (C) of this rule, except that the final report shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (2) The groundwater monitoring system certification specified under paragraph (H)(3) of rule 3745-525-50 of the Administrative Code, except each certification shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (3) The selection of a statistical method certification specified under paragraph (H)(4) of rule 3745-525-50 of the Administrative Code, except each certification shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (4) The notification that an assessment monitoring programs has been established specified under paragraph (H)(5) of rule 3745-525-50 of the Administrative Code. (5) The notification that the CCR unit is returning to a detection monitoring program specified under paragraph (H)(7) of rule 3745-525-50 of the Administrative Code. (6) The notification that one or more constituents in appendix B to rule 3745-525-900 of the Administrative Code have been detected at statistically significant levels above the groundwater protection standard and the notifications to land owners specified under paragraph (H)(8) of rule 3745-525-50 of the Administrative Code. (7) The notification that an assessment of corrective measures has been initiated specified under paragraph (H)(9) of rule 3745-525-50 of the Administrative Code. (8) The assessment of corrective measures specified under paragraph (H)(10) of rule 3745-525-50 of the Administrative Code, except each assessment shall be posted for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (9) The semiannual reports describing the progress in selecting and designing remedy and the selection of remedy report specified under paragraph (H)(12) of rule 3745-525-50 of the Administrative Code, except that the selection of the remedy report shall be maintained until the remedy has been completed. (10) The notification that the remedy has been completed specified under paragraph (H)(13) of rule 3745-525-50 of the Administrative Code, except each notification shall be posted for five years after completion of the remedy selected pursuant to rule 3745-525-960 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (I) Closure and post-closure care. The owner or operator of a CCR unit subject to this chapter shall place the following information on the owner or operator's CCR website: (1) The written closure plan, and any amendment of the plan, specified under paragraph (I)(1) of rule 3745-525-50 of the Administrative Code, except that only the most recent closure plan shall be posted on the CCR website irrespective of the time requirement specified in paragraph (C) of this rule and each closure plan shall be maintained for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (2) The demonstration for a time extension for initiating closure specified under paragraph (I)(2) of rule 3745-525-50 of the Administrative Code, except each demonstration shall be posted until notice of completion of closure is placed in the operating record in accordance with paragraph (H) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (3) The demonstration for a time extension for completing closure specified under paragraph (I)(3) of rule 3745-525-50 of the Administrative Code, except each demonstration shall be posted for five years after completion of closure in accordance with paragraph (C) or (D) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (4) The notification of intent to close a CCR unit specified under paragraph (I)(4) of rule 3745-525-50 of the Administrative Code, except each notification shall be posted for five years after completion of closure in accordance with paragraph (C) or (D) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (5) The notification of completion of closure of a CCR unit specified under paragraph (I)(5) of rule 3745-525-50 of the Administrative Code, except each notification shall be posted for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (6) The notification recording a notation on the deed as required by paragraph (I)(6) of rule 3745-525-50 of the Administrative Code, except each notification shall be posted for five years after completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (7) The notification of intent to comply with the alternative closure requirements as required by paragraph (I)(7) of rule 3745-525-50 of the Administrative Code, except the notification shall be posted for five years after completion of closure in accordance with paragraph (C) or (D) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (8) The annual progress reports under the alternative closure requirements as required by paragraph (I)(8) of rule 3745-525-50 of the Administrative Code, except the notification shall be posted for five years after completion of closure in accordance with paragraph (C) or (D) of rule 3745-525-720 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (9) The written post-closure plan, and any amendment of the plan, specified under paragraph (I)(9) of rule 3745-525-50 of the Administrative Code, except that only the most recent post-closure plan shall be maintained for five years after completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (10) The notification of completion of post-closure care specified under paragraph (I)(10) of rule 3745-525-50 of the Administrative Code, except that only the most recent post-closure plan shall be maintained for five years after completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (11) The notification of intent to comply with the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as specified under paragraph (I)(11) of rule 3745-525-50 of the Administrative Code, except each notification shall be posted for five years after completion of closure by removal in accordance with paragraph (C)(1) of rule 3745-525-720 of the Administrative Code or completion of post-closure care in accordance with paragraph (E) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (12) The approved or denied demonstration for the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as required by as specified under paragraph (I)(12) of rule 3745-525-50 of the Administrative Code, except each approval or denial shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (13) The notification for requesting additional time to the alternative cease receipt of waste deadline as required by paragraph (I)(13) of rule 3745-525-50 of the Administrative Code, except the notification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (14) The semi-annual progress reports for the site-specific alternative to initiation of closure due to development of alternative capacity infeasible as specified under paragraph (I)(14) of rule 3745-525-50 of the Administrative Code, except the progress report shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (15) The notification of intent to comply with the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as specified under paragraph (I)(15) of rule 3745-525-50 of the Administrative Code, except the notification shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (16) The approved or denied demonstration for the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as required by paragraph (I)(16) of rule 3745-525-50 of the Administrative Code, except the approval or denial shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (17) The annual progress report for the site-specific alternative to initiation of closure due to permanent cessation of a coal-fired boiler by a date certain as required by paragraph (I)(17) of rule 3745-525-50 of the Administrative Code, except the progress reports shall be maintained for five years after completion of closure by removal in accordance with paragraph (C) of rule 3745-525-720 of the Administrative Code or until completion of post-closure care in accordance with paragraph (E) or (G) of rule 3745-525-750 of the Administrative Code irrespective of the time requirement specified in paragraph (C) of this rule. (J) Retrofit criteria. The owner or operator of a CCR unit subject to this chapter shall place the following information on the owner or operator's CCR website: (1) The written retrofit plan, and any amendment of the plan, specified under paragraph (J)(1) of rule 3745-525-50 of the Administrative Code. (2) The notification of intent to comply with the alternative retrofit requirements as required by paragraph (J)(2) of rule 3745-525-50 of the Administrative Code. (3) The annual progress reports under the alternative retrofit requirements as required by paragraph (J)(3) of rule 3745-525-50 of the Administrative Code. (4) The demonstration for a time extension for completing retrofit activities specified under paragraph (J)(4) of rule 3745-525-50 of the Administrative Code. (5) The notification of intent to retrofit a CCR unit specified under paragraph (J)(5) of rule 3745-525-50 of the Administrative Code. (6) The notification of completion of retrofit activities specified under paragraph (J)(6) of rule 3745-525-50 of the Administrative Code.
Last updated October 1, 2026 at 9:17 AM
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Rule 3745-525-80 | Additional recordkeeping, notification, and publicly accessible internet site requirements.
Effective:
October 1, 2026
(A) Operating record. Concurrent with placing in the operating record the information pursuant to rule 3745-525-50 of the Administrative Code, the owner or operator shall submit the information to Ohio EPA. (B) Permit to install and operate. The owner or operator shall do the following: (1) For a new CCR unit, establish the facility CCR website, if one does not already exist, upon submitting an application for a permit to install and operate. A facility CCR website may be subject to establishment prior to submittal of the permit to install and operate to comply with the time requirements specified in rule 3745-525-70 of the Administrative Code. (2) Post the application for a permit to install and operate to the facility's CCR website. Any revisions to the application shall also be placed on the facility's CCR website. Irrespective of the time requirement specified in rule 3745-525-70, posting shall be within five days of submitting documentation to Ohio EPA. The application shall be maintained until a decision is made by Ohio EPA on the application. (3) Place the issued permit to install and operate, including the approved application, in the facility's operating record and post the issued permit to install and operate, including the approved application, to the facility's CCR website. Each permit to install and operate, including the approved application, shall be maintained until completion of post-closure care. (4) Apply the notification requirements of rule 3745-525-60 of the Administrative Code to the permit to install and operate. (5) If, prior to the effective date of this rule, a document was placed in the operating record, a notification was sent, or a document was posted on the CCR website, such placing, notifying, or posting in accordance with rules 3745-525-50, 3745-525-60, and 3745-525-70 of the Administrative Code does not need to be repeated.
Last updated October 1, 2026 at 9:17 AM
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Rule 3745-525-101 | Location restriction demonstration - placement above the uppermost aquifer, 40 C.F.R. 257.60.
Effective:
October 1, 2026
(A) New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units shall be constructed with a base that is located no less than 1.52 meters (five feet) above the upper limit of the uppermost aquifer, or shall demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the CCR unit and the uppermost aquifer due to normal fluctuations in groundwater elevations (including the seasonal high water table). The owner or operator shall demonstrate by the dates specified in paragraph (C) of this rule that the CCR unit meets the minimum requirements for placement above the uppermost aquifer. (B) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of paragraph (A) of this rule. (C) The owner or operator of the CCR unit shall complete the demonstration required by paragraph (A) of this rule by the date specified in either paragraph (C)(1) or (C)(2) of this rule. (1) For an existing CCR surface impoundment, the owner or operator shall complete the demonstration not later than October 17, 2018. (2) For a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit, the owner or operator shall complete the demonstration not later than the date of initial receipt of CCR in the CCR unit. (3) The owner or operator has completed the demonstration required by paragraph (A) of this rule when the demonstration is placed in the facility's operating record as required by paragraph (E) of rule 3745-525-50 of the Administrative Code. (4) An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of paragraph (A) of this rule by the date specified in paragraph (C)(1) of this rule is subject to the requirements of paragraph (B)(1) of rule 3745-525-710 of the Administrative Code. (5) An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of paragraph (A) of this rule is prohibited from placing CCR in the CCR unit. (D) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (E) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (E) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (E) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:17 AM
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Rule 3745-525-102 | Location restriction demonstration - wetlands, 40 C.F.R. 257.61.
Effective:
October 1, 2026
(A) New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units shall not be located in wetlands, as defined in 40 C.F.R. 230.41, unless the owner or operator demonstrates by the dates specified in paragraph (C) of this rule that the CCR unit meets the requirements of paragraphs (A)(1) to (A)(5) of this rule. (1) Where applicable under Section 404 of the Clean Water Act, 33 U.S.C. 1344, or applicable state wetlands laws, a clear and objective rebuttal of the presumption that an alternative to the CCR unit is reasonably available that does not involve wetlands. (2) The construction and operation of the CCR unit will not cause or contribute to any of the following: (a) A violation of any applicable state or federal water quality standard. (b) A violation of any applicable toxic effluent standard or prohibition under Section 307 of the Clean Water Act, 33 U.S.C. 1317. (c) Jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of a critical habitat, protected under the Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1531. (d) A violation of any requirement under the Marine Protection, Research, and Sanctuaries Act of 1972, 86 Stat. 1052, 33 U.S.C. 1401, for the protection of a marine sanctuary. (3) The CCR unit will not cause or contribute to significant degradation of wetlands by addressing all of the following factors: (a) Erosion, stability, and migration potential of native wetland soils, muds and deposits used to support the CCR unit. (b) Erosion, stability, and migration potential of dredged and fill materials used to support the CCR unit. (c) The volume and chemical nature of the CCR. (d) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of CCR. (e) The potential effects of catastrophic release of CCR to the wetland and the resulting impacts on the environment. (f) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected. (4) To the extent required under Section 404 of the Clean Water Act, 33 U.S.C. 1344, or applicable state wetlands laws, steps have been taken to attempt to achieve no net loss of wetlands (as defined by acreage and function) by first avoiding impacts to wetlands to the maximum extent reasonable as required by paragraphs (A)(1) to (A)(3) of this rule, then minimizing unavoidable impacts to the maximum extent reasonable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and reasonable compensatory mitigation actions (e.g., restoration of existing degraded wetlands or creation of man-made wetlands). (5) Sufficient information is available to make a reasoned determination with respect to the demonstrations in paragraphs (A)(1) to (A)(4) of this rule. (B) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of paragraph (A) of this rule. (C) The owner or operator of the CCR unit shall complete the demonstrations required by paragraph (A) of this rule by the date specified in either paragraph (C)(1) or (C)(2) of this rule. (1) For an existing CCR surface impoundment, the owner or operator shall complete the demonstration not later than October 17, 2018. (2) For a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit, the owner or operator shall complete the demonstration not later than the date of initial receipt of CCR in the CCR unit. (3) The owner or operator has completed the demonstration required by paragraph (A) of this rule when the demonstration is placed in the facility's operating record as required by paragraph (E) of rule 3745-525-50 of the Administrative Code. (4) An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of paragraph (A) of this rule by the date specified in paragraph (C)(1) of this rule is subject to the requirements of paragraph (B)(1) of rule 3745-525-710 of the Administrative Code. (5) An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstrations showing compliance with the requirements of paragraph (A) of this rule is prohibited from placing CCR in the CCR unit. (D) The owner or operator shall comply with the recordkeeping requirements specified in paragraph (E) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (E) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (E) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:17 AM
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Rule 3745-525-103 | Location restriction demonstration - fault areas, 40 C.F.R. 257.62.
Effective:
October 1, 2026
(A) New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units shall not be located within sixty meters (two hundred feet) of the outermost damage zone of a fault that has had displacement in Holocene time unless the owner or operator demonstrates by the dates specified in paragraph (C) of this rule that an alternative setback distance of less than sixty meters (two hundred feet) will prevent damage to the structural integrity of the CCR unit. (B) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of paragraph (A) of this rule. (C) The owner or operator of the CCR unit shall complete the demonstration required by paragraph (A) of this rule by the date specified in either paragraph (C)(1) or (C)(2) of this rule. (1) For an existing CCR surface impoundment, the owner or operator shall complete the demonstration not later than October 17, 2018. (2) For a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit, the owner or operator shall complete the demonstration not later than the date of initial receipt of CCR in the CCR unit. (3) The owner or operator has completed the demonstration required by paragraph (A) of this rule when the demonstration is placed in the facility's operating record as required by paragraph (E) of rule 3745-525-50 of the Administrative Code. (4) An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of paragraph (A) of this rule by the date specified in paragraph (C)(1) of this rule is subject to the requirements of paragraph (B)(1) of rule 3745-525-710 of the Administrative Code. (5) An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of paragraph (A) of this rule is prohibited from placing CCR in the CCR unit. (D) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (E) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (E) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (E) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:52 AM
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Rule 3745-525-104 | Location restriction demonstration - seismic impact zones, 40 C.F.R. 257.63.
Effective:
October 1, 2026
(A) New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units shall not be located in seismic impact zones unless the owner or operator demonstrates by the dates specified in paragraph (C) of this rule that all structural components including liners, leachate collection and removal systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. (B) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of paragraph (A) of this rule. (C) The owner or operator of the CCR unit shall complete the demonstration required by paragraph (A) of this rule by the date specified in either paragraph (C)(1) or (C)(2) of this rule. (1) For an existing CCR surface impoundment, the owner or operator shall complete the demonstration not later than October 17, 2018. (2) For a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit, the owner or operator shall complete the demonstration not later than the date of initial receipt of CCR in the CCR unit. (3) The owner or operator has completed the demonstration required by paragraph (A) of this rule when the demonstration is placed in the facility's operating record as required by paragraph (E) of rule 3745-525-50 of the Administrative Code. (4) An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of paragraph (A) of this rule by the date specified in paragraph (C)(1) of this rule is subject to the requirements of paragraph (B)(1) of rule 3745-525-710 of the Administrative Code. (5) An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of paragraph (A) of this rule is prohibited from placing CCR in the CCR unit. (D) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (E) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (E) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (E) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:17 AM
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Rule 3745-525-105 | Location restriction demonstration - unstable areas, 40 C.F.R. 257.64.
Effective:
October 1, 2026
(A) An existing or new CCR landfill, existing or new CCR surface impoundment, or any lateral expansion of a CCR unit shall not be located in an unstable area unless the owner or operator demonstrates by the dates specified in paragraph (D) of this rule that recognized and generally accepted good engineering practices have been incorporated into the design of the CCR unit to ensure that the integrity of the structural components of the CCR unit will not be disrupted. (B) The owner or operator shall consider all of the following factors, at a minimum, when determining whether an area is unstable: (1) On-site or local soil conditions that may result in significant differential settling. (2) On-site or local geologic or geomorphologic features. (3) On-site or local human-made features or events (both surface and subsurface). (C) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the demonstration meets the requirements of paragraph (A) of this rule. (D) The owner or operator of the CCR unit shall complete the demonstration required by paragraph (A) of this rule by the date specified in either paragraph (D)(1) or (D)(2) of this rule. (1) For an existing CCR landfill or existing CCR surface impoundment, the owner or operator shall complete the demonstration not later than October 17, 2018. (2) For a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit, the owner or operator shall complete the demonstration not later than the date of initial receipt of CCR in the CCR unit. (3) The owner or operator has completed the demonstration required by paragraph (A) of this rule when the demonstration is placed in the facility's operating record as required by paragraph (E) of rule 3745-525-50 of the Administrative Code. (4) An owner or operator of an existing CCR surface impoundment or existing CCR landfill who fails to demonstrate compliance with the requirements of paragraph (A) of this rule by the date specified in paragraph (D)(1) of this rule is subject to the requirements of paragraph (B)(1) or (D)(1), respectively, of rule 3745-525-710 of the Administrative Code. (5) An owner or operator of a new CCR landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit who fails to make the demonstration showing compliance with the requirements of paragraph (A) of this rule is prohibited from placing CCR in the CCR unit. (E) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (E) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (E) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (E) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:17 AM
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Rule 3745-525-201 | Design criteria for new CCR landfills and any lateral expansion of a CCR landfill, 40 C.F.R. 257.70.
Effective:
October 1, 2026
(A) (1) New CCR landfills and any lateral expansion of a CCR landfill shall be designed, constructed, operated, and maintained with either a composite liner that meets the requirements of paragraph (B) of this rule or an alternative composite liner that meets the requirements in paragraph (C) of this rule, and a leachate collection and removal system that meets the requirements of paragraph (D) of this rule. (2) Prior to construction of an overfill the underlying surface impoundment shall meet the requirements of paragraph (D) of rule 3745-525-720 of the Administrative Code. (B) A composite liner shall consist of two components; the upper component consisting of, at a minimum, a thirty-mil geomembrane liner (GM), and the lower component consisting of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1 x 10-7 centimeters per second (cm/sec). GM components consisting of high density polyethylene (HDPE) shall be at least sixty-mil thick. The GM or upper liner component shall be installed in direct and uniform contact with the compacted soil or lower liner component. The composite liner shall be as follows: (1) Constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the CCR or leachate to which the materials are exposed, climatic conditions, the stress of installation, and the stress of daily operation. (2) Constructed of materials that provide appropriate shear resistance of the upper and lower component interface to prevent sliding of the upper component including on slopes. (3) Placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift. (4) Installed to cover all surrounding earth likely to be in contact with the CCR or leachate. (C) If the owner or operator elects to install an alternative composite liner, all of the following requirements shall be met: (1) An alternative composite liner shall consist of two components; the upper component consisting of, at a minimum, a thirty-mil GM, and a lower component, that is not a geomembrane, with a liquid flow rate no greater than the liquid flow rate of two feet of compacted soil with a hydraulic conductivity of no more than 1 x 10-7 cm/sec. GM components consisting of high density polyethylene (HDPE) shall be at least sixty-mil thick. If the lower component of the alternative liner is compacted soil, the GM shall be installed in direct and uniform contact with the compacted soil. (2) The owner or operator shall obtain certification from a qualified professional engineer that the liquid flow rate through the lower component of the alternative composite liner is no greater than the liquid flow rate through two feet of compacted soil with a hydraulic conductivity of 1 x 10-7 cm/sec. The hydraulic conductivity for the two feet of compacted soil used in the comparison shall be no greater than 1 x 10-7 cm/sec. The hydraulic conductivity of any alternative to the two feet of compacted soil shall be determined using recognized and generally accepted methods. The liquid flow rate comparison shall be made using equation 1 of this rule, which is derived from Darcy's Law for gravity flow through porous media. Equation 1: Q/A = q = k[(h/t) + 1] Where: Q = flow rate (cubic centimeters/second). A = surface area of the liner (squared centimeters). q = flow rate per unit area (cubic centimeters/second/squared centimeter). k = hydraulic conductivity of the liner (centimeters/second). h = hydraulic head above the liner (centimeters). t = thickness of the liner (centimeters). (3) The alternative composite liner shall meet the requirements specified in paragraphs (B)(1) to (B)(4) of this rule. (D) The leachate collection and removal system shall be designed, constructed, operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care period. The leachate collection and removal system shall be: (1) Designed and operated to maintain less than a thirty-centimeter depth of leachate over the composite liner or alternative composite liner. (2) Constructed of materials that are chemically resistant to the CCR and any non-CCR waste managed in the CCR unit and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying waste, waste cover materials, and equipment used at the CCR unit. (3) Designed and operated to minimize clogging during the active life and post-closure care period. (E) Prior to construction of the CCR landfill or any lateral expansion of a CCR landfill, the owner or operator shall demonstrate and obtain a certification from a qualified professional engineer that the design of the composite liner (or, if applicable, alternative composite liner) and the leachate collection and removal system meets the requirements of this rule. (F) Upon completion of construction of the composite liner (or, if applicable, alternative composite liner) and the leachate collection and removal system or shall obtain a certification from a qualified professional engineer that the design of the composite liner (or, if applicable, alternative composite liner) and the leachate collection and removal system have been constructed in accordance with the requirements of this rule. (G) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (F) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (F) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (F) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:17 AM
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Rule 3745-525-202 | Liner design criteria for existing CCR surface impoundments, 40 C.F.R. 257.71.
Effective:
October 1, 2026
(A) (1) The owner or operator of an existing CCR surface impoundment shall document whether or not such unit was constructed with any one of the following: (a) [Reserved.] (b) A composite liner that meets the requirements of paragraph (B) of rule 3745-525-201 of the Administrative Code. (c) An alternative composite liner that meets the requirements of paragraph (C) of rule 3745-525-201 of the Administrative Code. (2) The hydraulic conductivity of the compacted soil shall be determined using recognized and generally accepted methods. (3) An existing CCR surface impoundment is considered to be an existing unlined CCR surface impoundment if either of the following occur: (a) The owner or operator of the CCR unit determines that the CCR unit is not constructed with a liner that meets the requirements of paragraph (A)(1)(b) or (A)(1)(c) of this rule. (b) The owner or operator of the CCR unit fails to document whether the CCR unit was constructed with a liner that meets the requirements of paragraph (A)(1)(b) or (A)(1)(c) of this rule. (4) All existing unlined CCR surface impoundments are subject to the requirements of paragraph (A) of rule 3745-525-710 of the Administrative Code. (B) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer attesting that the documentation as to whether a CCR unit meets the requirements of paragraph (A) of this rule is accurate. (C) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (F) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (F) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (F) of rule 3745-525-70 of the Administrative Code. (D) Alternative liner demonstration. An owner or operator of a CCR surface impoundment constructed without a composite liner or alternative composite liner, as defined in paragraph (B) or (C) in rule 3745-525-201 of the Administrative Code, may submit an alternative liner demonstration to the director to demonstrate that based on the construction of the unit and surrounding site conditions, that there is no reasonable probability that continued operation of the surface impoundment will result in adverse effects to human health or the environment. The application and demonstration shall be submitted to the director not later than the relevant deadline in paragraph (D)(2) of this rule. The director will act on the submissions in accordance with the procedures in paragraph (D)(2) of this rule. (1) Application and alternative liner demonstration submission requirements. To obtain approval under paragraph (D) of this rule, the owner or operator of the CCR surface impoundment shall submit all of the following: (a) Application. The owner or operator of the CCR surface impoundment shall submit a letter to the director, announcing their intention to submit a demonstration under paragraph (D)(1)(b) of this rule. The application shall include the location of the facility and identify the specific CCR surface impoundment for which the demonstration will be made. The letter shall include all of the following: (i) A certification signed by the owner or operator that the CCR unit is in full compliance with this chapter except for paragraph (A)(1) of rule 3745-525-202 of the Administrative Code. (ii) Documentation supporting the certification required under paragraph (D)(1)(a)(i) of this rule that includes all the following: (a) Documentation that the groundwater monitoring network meets all the requirements of rule 3745-525-910 of the Administrative Code. This shall include documentation that the existing network of groundwater monitoring wells is sufficient to ensure detection of any groundwater contamination resulting from the impoundment, based on direction of flow, well location, screening depth and other relevant factors. At a minimum, the documentation shall include all of the following: (i) A map of groundwater monitoring well locations in relation to the CCR unit that depicts the elevation of the potentiometric surface and the direction of groundwater flow across the site. (ii) Well construction diagrams and drilling logs for all groundwater monitoring wells. (iii) Maps that characterize the direction of groundwater flow accounting for temporal variations. (iv) Any other data and analyses the owner or operator of the CCR surface impoundment relied upon when determining the design and location of the groundwater monitoring network. (b) Documentation that the CCR surface impoundment remains in detection monitoring pursuant to rule 3745-525-930 of the Administrative Code as a precondition for submitting an application. This includes documentation that the groundwater monitoring program meets the requirements of rules 3745-525-920 and 3745-525-930 of the Administrative Code. Such documentation includes data of constituent concentrations, summarized in table format, at each groundwater monitoring well monitored during each sampling event, and documentation of the most recent statistical tests conducted, analyses of the tests, and the rationale for the methods used in these comparisons. As part of this rationale, the owner or operator of the CCR surface impoundment shall provide all data and analyses relied upon to comply with each of the requirements of this part. (c) Documentation that the unit meets all the location restrictions under rules 3745-525-101 to 3745-525-105 of the Administrative Code. (d) The most recent structural stability assessment required at paragraph (D) of rule 3745-525-204 of the Administrative Code. (e) The most recent safety factor assessment required at paragraph (E) of rule 3745-525-204 of the Administrative Code. (iii) Documentation of the design specifications for any engineered liner components, as well as all data and analyses the owner or operator of the CCR surface impoundment relied on when determining that the materials are suitable for use and that the construction of the liner is of good quality and in-line with proven and accepted engineering practices. (iv) Facilities with CCR surface impoundments located on properties adjacent to a water body shall demonstrate that there is no reasonable probability that a complete and direct transport pathway (i.e., not mediated by groundwater) can exist between the impoundment and any nearby water body. If the potential for such a pathway is identified, then the unit would not be eligible to submit a demonstration. If ongoing releases are identified, the owner or operator of the CCR unit shall address these releases in accordance with paragraph (A) of rule 3745-525-950 of the Administrative Code. (v) Upon submission of the application and any supplemental materials submitted in support of the application to the director, the owner or operator shall place the complete application in the facility's operating record as required by paragraph (F)(14) of rule 3745-525-50 of the Administrative Code. (b) Alternative liner demonstration package. The completed alternative liner demonstration package shall be certified by a qualified professional engineer. The package shall present evidence to demonstrate that, based on the construction of the unit and surrounding site conditions, there is no reasonable probability that operation of the surface impoundment will result in concentrations of constituents listed in appendix B to rule 3745-525-900 of the Administrative Code in the uppermost aquifer at levels above a groundwater protection standard. For each line of evidence, as well as any other data and assumptions incorporated into the demonstration, the owner or operator of the CCR surface impoundment shall include documentation on how the data were collected and why these data and assumptions adequately reflect potential contaminant transport from that specific impoundment. The alternative liner demonstration at a minimum shall contain all of the following lines of evidence: (i) Characterization of site hydrogeology. A characterization of the variability of site-specific soil and hydrogeology surrounding the surface impoundment that will control the rate and direction of contaminant transport from the impoundment. The owner or operator shall provide all of the following as part of this line of evidence: (a) Measurements of the hydraulic conductivity in the uppermost aquifer from all monitoring wells associated with the impoundment and discussion of the methods used to obtain these measurements. (b) Measurements of the variability in subsurface soil characteristics collected from around the perimeter of the CCR surface impoundment to identify regions of substantially higher conductivity. (c) Documentation that all sampling methods used are in line with recognized and generally accepted practices that can provide data at a spatial resolution necessary to adequately characterize the variability of subsurface conditions that will control contaminant transport. (d) Explanation of how the specific number and location of samples collected are sufficient to capture subsurface variability if the samples are as follows: (i) Samples are advanced to a depth less than the top of the groundwater table or twenty feet beneath the bottom of the nearest water body, whichever is greater. (ii) Samples are spaced further apart than two hundred feet around the impoundment perimeter. (e) A narrative description of site geological history. (f) Conceptual site models with cross-sectional depictions of the site environmental sequence stratigraphy that include, at a minimum the following: (i) The relative location of the impoundment with depth of ponded water noted. (ii) Monitoring wells with screening depth noted. (iii) Depiction of the location of other samples used in the development of the model. (iv) The upper and lower limits of the uppermost aquifer across the site. (v) The upper and lower limits of the depth to groundwater measured from monitoring wells if the uppermost aquifer is confined. (vi) Both the location and geometry of any nearby points of groundwater discharge or recharge (e.g., surface water bodies) with potential to influence groundwater depth and flow measured around the unit. (ii) Potential for infiltration. A characterization of the potential for infiltration through any soil-based liner components and naturally occurring soil that control release and transport of leachate. All samples collected in the field for measurement of saturated hydraulic conductivity shall be sent to a certified laboratory for analysis under controlled conditions and analyzed using recognized and generally accepted methodology. Facilities shall document how the selected method is designed to simulate on-site conditions. The owner or operator shall also provide documentation of the following as part of this line of evidence: (a) The location, number, depth, and spacing of samples relied upon is supported by the data collected in paragraph (D)(1)(b)(i) of this rule and is sufficient to capture the variability of saturated hydraulic conductivity for the soil-based liner components and naturally occurring soil. (b) The liquid used to pre-hydrate the samples and measure long-term hydraulic conductivity reflects the pH and major ion composition of the CCR surface impoundment porewater. (c) That samples intended to represent the hydraulic conductivity of naturally occurring soils (i.e., not mechanically compacted) are handled in a manner that will ensure the macrostructure of the soil is not disturbed during collection, transport, or analysis. (d) Any test for hydraulic conductivity relied upon includes, in addition to other relevant termination criteria specified by the method, criteria that equilibrium has been achieved between the inflow and outflow, within acceptable tolerance limits, for both electrical conductivity and pH. (iii) Mathematical model to estimate the potential for releases. Owners or operators shall incorporate the data collected for paragraphs (D)(1)(b)(i) and (D)(1)(b)(ii) of this rule into a mathematical model to calculate the potential groundwater concentrations that may result in downgradient wells as a result of the impoundment. Facilities shall also, where available, incorporate the national-scale data on constituent concentrations and behavior provided by the existing risk record. Application of the model shall account for the full range of site current and potential future conditions at and around the site to ensure that high-end groundwater concentrations have been effectively characterized. All of the data and assumptions incorporated into the model shall be documented and justified. (a) The models relied upon in paragraph (D)(1)(b)(iii) of this rule shall be well-established and validated, with documentation that can be made available for public review. (b) The owner or operator shall use the models to demonstrate that, for each constituent in appendix B to rule 3745-525-900 of the Administrative Code, there is no reasonable probability that the peak groundwater concentration that may result from releases to groundwater from the CCR surface impoundment throughout its active life will exceed the groundwater protection standard at the waste boundary. (c) The demonstration shall include the peak groundwater concentrations modeled for all constituents in appendix B to rule 3745-525-900 of the Administrative Code attributed both to the impoundment in isolation and in addition to background. (iv) Upon submission of the alternative liner demonstration to the director, the owner or operator shall place the complete demonstration in the facility's operating record as required by paragraph (F)(15) of rule 3745-525-50 of the Administrative Code. (2) Procedures for adjudicating requests. (a) Deadline for application submission. The owner or operator shall submit the application under paragraph (D)(1)(a) of this rule to the director for approval not later than November 30, 2020. (b) Deadline for demonstration submission. If the application is approved the owner or operator shall submit the demonstration required under paragraph (D)(1)(b) of this rule to the director for approval not later than November 30, 2021. (i) Extension due to analytical limitations. If the owner or operator cannot meet the demonstration deadline due to analytical limitations related to the measurement of hydraulic conductivity, the owner or operator shall submit a request for an extension not later than September 1, 2021 that includes a summary of the data that have been analyzed to date for the samples responsible for the delay and an alternative timeline for completion that has been certified by the laboratory. The extension request shall include all of the following: (a) A timeline of fieldwork to confirm that samples were collected expeditiously. (b) A chain of custody documenting when samples were sent to the laboratory. (c) Written certification from the lab identifying how long it is projected for the tests to reach the relevant termination criteria related to solution chemistry. (d) Documentation of the progression towards all test termination metrics to date. (ii) Length of extension. If the extension is granted, the owner or operator will have forty-five days beyond the timeframe certified by the laboratory to submit the completed demonstration. (iii) Extension due to analytical limitations for chemical equilibrium. If the measured hydraulic conductivity has not stabilized to within acceptable tolerance limits by the time the termination criteria for solution chemistry are met, the owner or operator shall submit a preliminary demonstration not later than September 1, 2021 (with or without the one-time extension for analytical limitations). (a) In this preliminary demonstration, the owner or operator shall submit a justification of how the bounds of uncertainty applied to the available measurements of hydraulic conductivity ensure that the final value is not underestimated. (b) Ohio EPA will review the preliminary demonstration to determine if it is complete and, if so, will propose to deny or to tentatively approve the demonstration. (c) Once the final laboratory results are available, the owner or operator shall submit a final demonstration that updates only the finalized hydraulic conductivity data to confirm that the model results in the preliminary demonstration are accurate. (d) Until the time that Ohio EPA approves this final demonstration, the surface impoundment shall remain in detection monitoring or the demonstration will be denied. (iv) Upon submission of a request for an extension to the deadline for the demonstration due to analytical limitations pursuant to paragraph (D)(2)(b)(i) of this rule, the owner or operator shall place the alternative liner demonstration extension request in the facility's operating record as required by paragraph (F)(16) of rule 3745-525-50 of the Administrative Code. (v) Upon submission of a preliminary demonstration pursuant to paragraph (D)(2)(b)(iii) of this rule, the owner or operator shall place the preliminary demonstration in the facility's operating record as required by paragraph (F)(17) of rule 3745-525-50 of the Administrative Code. (c) Application review. (i) Ohio EPA will evaluate the application and may request additional information not required as part of the application as necessary to complete its review. Submission of a complete application will toll the facility's deadline to cease receipt of waste until issuance of a final decision. Incomplete submissions will not toll the facility's deadline and will be rejected without further process. (ii) If the application is determined to be incomplete, Ohio EPA will notify the facility. The owner or operator shall place the notification of an incomplete application in the facility's operating record as required by paragraph (F)(18) of rule 3745-525-50 of the Administrative Code. (iii) [Reserved.] (iv) If the application is approved, the deadline to cease receipt of waste will be tolled until an alternative liner demonstration is determined to be incomplete or a final decision under paragraph (D)(2)(f) of this rule is issued. (v) If the surface impoundment is determined by Ohio EPA to be ineligible to apply for an alternative liner demonstration, and the facility lacks alternative capacity to manage its CCR or non-CCR waste streams, the owner or operator may apply for an alternative closure deadline in accordance with the procedures in paragraph (F) of rule 3745-525-730 of the Administrative Code. The owner or operator will be given four months from the date of the ineligibility determination to apply for the alternative closure provisions in either paragraph (F)(1) or (F)(2) of rule 3745-525-730 of the Administrative Code, during which time the facility's deadline to cease receipt of waste will be tolled. (vi) Upon receipt of a decision on the application, the owner or operator shall place the decision on the application in the facility's operating record as required by paragraph (F)(19) of rule 3745-525-50 of the Administrative Code. (d) Demonstration review. Ohio EPA will evaluate the demonstration package and may request additional information not required as part of the demonstration as necessary to complete its review. Submission of a complete demonstration package will continue to toll the facility's deadline to cease receipt of waste into that CCR surface impoundment until issuance of a final decision under paragraph (D)(2)(f) of this rule. Upon a determination that a demonstration is incomplete the tolling of the facility's deadline will cease and the submission will be rejected without further process. (e) [Reserved.] (f) Final decision on demonstration. Ohio EPA will issue its decision on the alternative liner demonstration package within four months of receiving a complete demonstration package. Upon approval the facility may continue to operate the impoundment as long as the impoundment remains in detection monitoring. Upon detection of a statistically significant increase over background of a constituent listed in appendix A to rule 3745-525-900 of the Administrative Code, the facility shall proceed in accordance with the requirements of paragraph (D)(2)(i) of this rule. (g) Facility operating record requirements. Upon receipt of the final decision on the alternative liner demonstration pursuant to paragraph (D)(2)(f) of this rule, the owner or operator shall place the final decision in the facility's operating record as required by paragraph (F)(20) of rule 3745-525-50 of the Administrative Code. (h) Effect of demonstration denial. If Ohio EPA determines that the CCR surface impoundment's alternative liner does not meet the standard for approval in paragraph (D) of this rule, the owner or operator shall cease receipt of waste and initiate closure as determined in Ohio EPA's decision. If the owner or operator needs to obtain alternative capacity, they may do so in accordance with the procedures in rule 3745-535-730 of the Administrative Code. The owner or operator will have four months from the date of Ohio EPA's decision to apply for an alternative closure deadline under either paragraph (F)(1) or (F)(2) of rule 3745-525-730 of the Administrative Code, during which time the facility's deadline to cease receipt of waste will be tolled. (i) Loss of authorization. (i) The owner or operator of the CCR unit shall comply with all of the following upon determining that there is a statistically significant increase over background levels for one or more constituents listed in appendix A to rule 3745-525-900 of the Administrative Code pursuant to paragraph (E) of rule 3745-525-930 of the Administrative Code: (a) In addition to the requirements specified in paragraph (D) of this rule, comply with the groundwater monitoring and corrective action procedures specified in rules 3745-525-900 to 3745-525-970 of the Administrative Code. (b) Submit the notification required by paragraph (E)(3) of rule 3745-525-930 of the Administrative Code to Ohio EPA within fourteen days of placing the notification in the facility's operating record as required by paragraph (H)(5) of rule 3745-525-50 of the Administrative Code. (c) Conduct intra-well analysis on each downgradient well to identify any trends of increasing concentrations as required by paragraph (D)(2)(i)(ii) of this rule. The owner and operator shall conduct the initial groundwater sampling and analysis for all constituents listed in appendix B to rule 3745-525-900 of the Administrative Code according to the timeframes specified in paragraph (B) of rule 3745-525-940 of the Administrative Code. (d) The owner or operator may elect to pursue an alternative source demonstration pursuant to paragraph (E)(2) of rule 3745-525-930 of the Administrative Code that a source other than the CCR unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality, provided that such alternative source demonstration shall be conducted simultaneously with the sampling and analysis required by paragraph (D)(2)(i)(i)(c) of this rule. If the owner or operator believes that a successful demonstration has been made, the demonstration shall be submitted to Ohio EPA for review and approval. The owner or operator shall place the demonstration in the facility's operating record within the deadlines specified in paragraph (E)(2) of rule 3745-525-930 of the Administrative Code and submit the demonstration to Ohio EPA within fourteen days of placing the demonstration in the facility's operating record. (e) The alternative source demonstration shall be posted to the facility's publicly accessible CCR internet site and submitted to Ohio EPA within fourteen days of completion. If the alternative source demonstration is approved, the owner or operator may cease conducting the trend analysis and return to detection monitoring. If the alternative source demonstration is denied, the owner or operator shall either complete the trend analysis or cease receipt of waste. Upon receipt of the final decision on the alternative source demonstration, the owner or operator shall place the final decision in the facility's operating record as required by paragraph (F)(22) of rule 3745-525-50 of the Administrative Code. (ii) Trend analysis. (a) Except as provided for in paragraph (C) of rule 3745-525-940 of the Administrative Code, the owner or operator shall collect a minimum of four independent samples from each well (background and downgradient) on a quarterly basis within the first year of triggering assessment monitoring and analyze each sample for all constituents listed in appendix B to rule 3745-525-900 of the Administrative Code. Consistent with paragraph (B) of rule 3745-525-940 of the Administrative Code, the first samples shall be collected within ninety days of triggering assessment monitoring. After the initial year of sampling, the owner or operator shall then conduct sampling as prescribed in paragraph (D)(1) of rule 3745-525-940 of the Administrative Code. After each sampling event, the owner or operator shall update the trend analysis with the new sampling information. (b) The owner or operator of the CCR surface impoundment shall apply an appropriate statistical test to identify any trends of increasing concentrations within the monitoring data. For normally distributed datasets, linear regression will be used to identify trends and determine the associated magnitude. For non-normally distributed datasets, the Mann-Kendall test will be used to identify trends and the Theil-Sen trend line will be used to determine the associated magnitude. If a trend is identified, the owner or operator of the CCR surface impoundment will use the upper ninety-fifth percentile confidence limit on the trend line to estimate future concentrations. The owner or operator will project this trendline into the future for a duration set to the maximum number of years established in rule 3745-525-720 of the Administrative Code for closure of the surface impoundment. (c) A report of the results of each sampling event, as well as the final trend analysis, shall be posted to the facility's publicly accessible CCR internet site and submitted to Ohio EPA within fourteen days of completion. The trend analysis submitted to Ohio EPA shall include all data relied upon by the facility to support the analysis. If the trend analysis shows the potential for a future exceedance of a groundwater protection standard, before the closure deadlines established in rule 3745-525-720 of the Administrative Code, the CCR surface impoundment shall cease receipt of waste by the date provided in the notice. (iii) If the trend analysis demonstrates the presence of a statistically significant trend of increasing concentration for one or more constituents listed in appendix B to rule 3745-525-900 of the Administrative Code with potential to result in an exceedance of any groundwater protection standard before closure is complete, or if at any time one or more constituents listed in appendix B to rule 3745-525-900 of the Administrative Code are detected at a statistically significant level above a groundwater protection standard, the authorization will be withdrawn. Upon receipt of a decision that the alternative liner demonstration has been withdrawn, the owner or operator shall place the decision in the facility's operating record as required by paragraph (F)(24) of rule 3745-525-50 of the Administrative Code. (iv) The onus remains on the owner or operator of the CCR surface impoundment at all times to demonstrate that the CCR surface impoundment meets the conditions for authorization under this rule. If at any point, any condition for qualification under this rule has not been met, the director can without further notice or process deny or revoke the owner or operator's authorization under paragraph (D)(2)(i) of this rule.
Last updated October 1, 2026 at 9:18 AM
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Rule 3745-525-203 | Liner design criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, 40 C.F.R. 257.72.
Effective:
October 1, 2026
(A) New CCR surface impoundments and lateral expansions of existing and new CCR surface impoundments shall be designed, constructed, operated, and maintained with either a composite liner or an alternative composite liner that meets the requirements of paragraph (B) or (C) of rule 3745-525-201 of the Administrative Code. (B) Any liner specified in this rule shall be installed to cover all surrounding earth likely to be in contact with CCR. Dikes shall not be constructed on top of the composite liner. (C) Prior to construction of the CCR surface impoundment or any lateral expansion of a CCR surface impoundment, the owner or operator shall demonstrate and obtain certification from a qualified professional engineer that the design of the composite liner or, if applicable, the design of an alternative composite liner complies with the requirements of this rule. (D) Upon completion, the owner or operator shall obtain certification from a qualified professional engineer that the composite liner or if applicable, the alternative composite liner has been constructed in accordance with the requirements of this rule. (E) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (F) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (F) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (F) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:22 AM
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Rule 3745-525-204 | Structural integrity criteria for existing CCR surface impoundments, 40 C.F.R. 257.73.
Effective:
October 1, 2026
(A) The requirements of paragraphs (A)(1) to (A)(4) of this rule apply to all existing CCR surface impoundments, except for those existing CCR surface impoundments that are incised CCR units. If an incised CCR surface impoundment is subsequently modified (e.g., a dike is constructed) such that the CCR unit no longer meets the definition of an incised CCR unit, the CCR unit is subject to the requirements of paragraphs (A)(1) to (A)(4) of this rule. (1) Not later than, December 17, 2015, The owner or operator of the CCR unit shall place on or immediately adjacent to the CCR unit a permanent identification marker, at least six feet high showing the identification number of the CCR unit, if one has been assigned by the state, the name associated with the CCR unit and the name of the owner or operator of the CCR unit. (2) Periodic hazard potential classification assessments. (a) The owner or operator of the CCR unit shall conduct initial and periodic hazard potential classification assessments of the CCR unit according to the timeframes specified in paragraph (F) of this rule. The owner or operator shall document the hazard potential classification of each CCR unit as either a high hazard potential CCR surface impoundment, a significant hazard potential CCR surface impoundment, or a low hazard potential CCR surface impoundment. The owner or operator shall also document the basis for each hazard potential classification. (b) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the initial hazard potential classification and each subsequent periodic classification specified in paragraph (A)(2)(a) of this rule was conducted in accordance with the requirements of this rule. (3) Emergency action plan (EAP). (a) Development of the plan. Not later than April 17, 2017, the owner or operator of a CCR unit determined to be either a high hazard potential CCR surface impoundment or a significant hazard potential CCR surface impoundment under paragraph (A)(2) of this rule shall prepare and maintain a written EAP. At a minimum, the EAP shall do the following: (i) Define the events or circumstances involving the CCR unit that represent a safety emergency, along with a description of the procedures that will be followed to detect a safety emergency in a timely manner. (ii) Define responsible persons, their respective responsibilities, and notification procedures in the event of a safety emergency involving the CCR unit. (iii) Provide contact information of emergency responders. (iv) Include a map which delineates the downstream area which would be affected in the event of a CCR unit failure and a physical description of the CCR unit. (v) Include provisions for an annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders. (b) Amendment of the plan. (i) The owner or operator of a CCR unit subject to the requirements of paragraph (A)(3)(a) of this rule may amend the written EAP at any time provided the revised plan is placed in the facility's operating record as required by paragraph (F)(6) of rule 3745-525-50 of the Administrative Code. The owner or operator shall amend the written EAP whenever there is a change in conditions that would substantially affect the EAP in effect. (ii) The written EAP shall be evaluated, at a minimum, every five years to ensure the information required in paragraph (A)(3)(a) of this rule is accurate. As necessary, the EAP shall be updated and a revised EAP placed in the facility's operating record as required by paragraph (F)(6) of rule 3745-525-50 of the Administrative Code. (c) Changes in hazard potential classification. (i) If the owner or operator of a CCR unit determines during a periodic hazard potential assessment that the CCR unit is no longer classified as either a high hazard potential CCR surface impoundment or a significant hazard potential CCR surface impoundment, then the owner or operator of the CCR unit is no longer subject to the requirement to prepare and maintain a written EAP beginning on the date the periodic hazard potential assessment documentation is placed in the facility's operating record as required by paragraph (F)(5) of rule 3745-525-50 of the Administrative Code. (ii) If the owner or operator of a CCR unit classified as a low hazard potential CCR surface impoundment subsequently determines that the CCR unit is properly re-classified as either a high hazard potential CCR surface impoundment or a significant hazard potential CCR surface impoundment, then the owner or operator of the CCR unit shall prepare a written EAP for the CCR unit as required by paragraph (A)(3)(a) of this rule within six months of completing such periodic hazard potential assessment. (d) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the written EAP, and any subsequent amendment of the EAP, meets the requirements of paragraph (A)(3) of this rule. (e) Activation of the EAP. The EAP shall be implemented once events or circumstances involving the CCR unit that represent a safety emergency are detected, including conditions identified during periodic structural stability assessments, annual inspections, and inspections by a qualified person. (4) The CCR unit and surrounding areas shall be designed, constructed, operated, and maintained with vegetated slopes of dikes not to exceed a height of six inches above the slope of the dike, except for slopes which are protected with an alternative form of slope protection. (B) The requirements of paragraphs (C) to (E) of this rule apply to an owner or operator of an existing CCR surface impoundment that meets either of the following: (1) Has a height of five feet or more and a storage volume of twenty acre-feet or more. (2) Has a height of twenty feet or more. (C) (1) Not later than October 17, 2016, the owner or operator of the CCR unit shall compile a history of construction, which shall contain, to the extent feasible, the information specified in paragraphs (C)(1)(a) to (C)(1)(k) of this rule. (a) The name and address of the person owning or operating the CCR unit; the name associated with the CCR unit; and the identification number of the CCR unit if one has been assigned by the state. (b) The location of the CCR unit identified on the most recent U.S. geological survey (USGS) "7 12 minute" or "15 minute" topographic quadrangle map, or a topographic map of equivalent scale if a USGS map is not available. (c) A statement of the purpose for which the CCR unit is being used. (d) The name and size in acres of the watershed within which the CCR unit is located. (e) A description of the physical and engineering properties of the foundation and abutment materials on which the CCR unit is constructed. (f) A statement of the type, size, range, and physical and engineering properties of the materials used in constructing each zone or stage of the CCR unit; the method of site preparation and construction of each zone of the CCR unit; and the approximate dates of construction of each successive stage of construction of the CCR unit. (g) At a scale that details engineering structures and appurtenances relevant to the design, construction, operation, and maintenance of the CCR unit, detailed dimensional drawings of the CCR unit, including a plan view and cross-sections of the length and width of the CCR unit, showing all zones, foundation improvements, drainage provisions, spillways, diversion ditches, outlets, instrument locations, and slope protection, in addition to the normal operating pool surface elevation and the maximum pool surface elevation following peak discharge from the inflow design flood, the expected maximum depth of CCR within the CCR surface impoundment, and any identifiable natural or manmade features that could adversely affect operation of the CCR unit due to malfunction or mis-operation. (h) A description of the type, purpose, and location of existing instrumentation. (i) Area-capacity curves for the CCR unit. (j) A description of each spillway and diversion design features and capacities and calculations used in their determination. (k) The construction specifications and provisions for surveillance, maintenance, and repair of the CCR unit. (l) Any record or knowledge of structural instability of the CCR unit. (2) Changes to the history of construction. If there is a significant change to any information compiled under paragraph (C)(1) of this rule, the owner or operator of the CCR unit shall update the relevant information and place it in the facility's operating record as required by paragraph (F)(9) of rule 3745-525-50 of the Administrative Code. (D) Periodic structural stability assessments. (1) The owner or operator of the CCR unit shall conduct initial and periodic structural stability assessments and document whether the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering practices for the maximum volume of CCR and CCR wastewater which can be impounded therein. The assessment shall, at a minimum, document whether the CCR unit has been designed, constructed, operated, and maintained with the following: (a) Stable foundations and abutments. (b) Adequate slope protection to protect against surface erosion, wave action, and adverse effects of sudden drawdown. (c) Dikes mechanically compacted to a density sufficient to withstand the range of loading conditions in the CCR unit. (d) Vegetated slopes of dikes and surrounding areas not to exceed a height of six inches above the slope of the dike, except for slopes which have an alternative form or forms of slope protection. (e) A single spillway or a combination of spillways configured as specified in paragraph (D)(1)(e)(i) of this rule. The combined capacity of all spillways shall be designed, constructed, operated, and maintained to adequately manage flow during and following the peak discharge from the event specified in paragraph (D)(1)(e)(ii) of this rule. (i) All spillways shall be either of the following: (a) Of non-erodible construction and designed to carry sustained flows. (b) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected. (ii) The combined capacity of all spillways shall adequately manage flow during and following the peak discharge from the following: (a) Probable maximum flood (PMF) for a high hazard potential CCR surface impoundment. (b) One thousand-year flood for a significant hazard potential CCR surface impoundment. (c) One hundred-year flood for a low hazard potential CCR surface impoundment. (f) Hydraulic structures underlying the base of the CCR unit or passing through the dike of the CCR unit that maintain structural integrity and are free of significant deterioration, deformation, distortion, bedding deficiencies, sedimentation, and debris which may negatively affect the operation of the hydraulic structure. (g) For CCR units with downstream slopes which can be inundated by the pool of an adjacent water body, such as a river, stream or lake, downstream slopes that maintain structural stability during low pool of the adjacent water body or sudden drawdown of the adjacent water body. (2) The periodic assessment described in paragraph (D)(1) of this rule shall identify any structural stability deficiencies associated with the CCR unit in addition to recommending corrective measures. If a deficiency or a release is identified during the periodic assessment, the owner or operator unit shall remedy the deficiency or release as soon as feasible and prepare documentation detailing the corrective measures taken. (3) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the initial assessment and each subsequent periodic assessment was conducted in accordance with the requirements of this rule. (E) Periodic safety factor assessments. (1) The owner or operator shall conduct an initial and periodic safety factor assessments for each CCR unit and document whether the calculated factors of safety for each CCR unit achieve the minimum safety factors specified in paragraphs (E)(1)(a) to (E)(1)(d) of this rule for the critical cross-section of the embankment. The critical cross-section is the cross-section anticipated to be the most susceptible of all cross-sections to structural failure based on appropriate engineering considerations, including loading conditions. The safety factor assessments shall be supported by appropriate engineering calculations. (a) The calculated static factor of safety under the long-term, maximum storage pool loading condition shall equal or exceed 1.50. (b) The calculated static factor of safety under the maximum surcharge pool loading condition shall equal or exceed 1.40. (c) The calculated seismic factor of safety shall equal or exceed 1.00. (d) For dikes constructed of soils that have susceptibility to liquefaction, the calculated liquefaction factor of safety shall equal or exceed 1.20. (2) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the initial assessment and each subsequent periodic assessment specified in paragraph (E)(1) of this rule meets the requirements of this rule. (F) Timeframes for periodic assessments. (1) Initial assessments. Except as provided by paragraph (F)(2) of this rule, the owner or operator of the CCR unit shall complete the initial assessments required by paragraphs (A)(2), (D), and (E) of this rule not later than October 17, 2016. The owner or operator has completed an initial assessment when the owner or operator has placed the assessment required by paragraphs (A)(2), (D), and (E) of this rule in the facility's operating record as required by paragraphs (F)(5), (F)(10), and (F)(12) of rule 3745-525-50 of the Administrative Code. (2) Use of a previously completed assessment in lieu of the initial assessment. The owner or operator of the CCR unit may elect to use a previously completed assessment to serve as the initial assessment required by paragraphs (A)(2), (D), and (E) of this rule provided that the previously completed assessment is as follows: (a) Was completed no earlier than forty-two months prior to October 17, 2016. (b) Meets the applicable requirements of paragraphs (A)(2), (D), and (E) of this rule. (3) Frequency for conducting periodic assessments. The owner or operator of the CCR unit shall conduct and complete the assessments required by paragraphs (A)(2), (D), and (E) of this rule every five years. The date of completing the initial assessment is the basis for establishing the deadline to complete the first subsequent assessment. If the owner or operator elects to use a previously completed assessment in lieu of the initial assessment as provided by paragraph (F)(2) of this rule, the date of the report for the previously completed assessment is the basis for establishing the deadline to complete the first subsequent assessment. The owner or operator may complete any required assessment prior to the required deadline provided the owner or operator places the completed assessment into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing subsequent assessments is based on the date of completing the previous assessment. For purposes of this paragraph, the owner or operator has completed an assessment when the relevant assessment required by paragraphs (A)(2), (D), and (E) of this rule has been placed in the facility's operating record as required by paragraphs (F)(5), (F)(10), and (F)(12) of rule 3745-525-50 of the Administrative Code. (4) Closure of the CCR unit. An owner or operator of a CCR unit who either fails to complete a timely safety factor assessment or fails to demonstrate minimum safety factors as required by paragraph (E) of this rule is subject to the requirements of paragraph (B)(2) of rule 3745-525-710 of the Administrative Code. (G) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (F) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (F) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (F) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 1:28 PM
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Rule 3745-525-205 | Structural integrity criteria for new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, 40 C.F.R. 257.74.
Effective:
October 1, 2026
(A) The requirements of paragraphs (A)(1) to (A)(4) of this rule apply to all new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, except for those new CCR surface impoundments that are incised CCR units. If an incised CCR surface impoundment is subsequently modified (e.g., a dike is constructed) such that the CCR unit no longer meets the definition of an incised CCR unit, the CCR unit is subject to the requirements of paragraphs (A)(1) to (A)(4) of this rule. (1) Not later than the initial receipt of CCR, the owner or operator of the CCR unit shall place on or immediately adjacent to the CCR unit a permanent identification marker, at least six feet high showing the identification number of the CCR unit, if one has been assigned by the state, the name associated with the CCR unit and the name of the owner or operator of the CCR unit. (2) Periodic hazard potential classification assessments. (a) The owner or operator of the CCR unit shall conduct initial and periodic hazard potential classification assessments of the CCR unit according to the timeframes specified in paragraph (F) of this rule. The owner or operator shall document the hazard potential classification of each CCR unit as either a high hazard potential CCR surface impoundment, a significant hazard potential CCR surface impoundment, or a low hazard potential CCR surface impoundment. The owner or operator shall also document the basis for each hazard potential classification. (b) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the initial hazard potential classification and each subsequent periodic classification specified in paragraph (A)(2)(a) of this rule was conducted in accordance with the requirements of this rule. (3) Emergency action plan (EAP). (a) Development of the plan. Prior to the initial receipt of CCR in the CCR unit, the owner or operator of a CCR unit determined to be either a high hazard potential CCR surface impoundment or a significant hazard potential CCR surface impoundment under paragraph (A)(2) of this rule shall prepare and maintain a written EAP. At a minimum, the EAP shall do the following: (i) Define the events or circumstances involving the CCR unit that represent a safety emergency, along with a description of the procedures that will be followed to detect a safety emergency in a timely manner. (ii) Define responsible persons, their respective responsibilities, and notification procedures in the event of a safety emergency involving the CCR unit. (iii) Provide contact information of emergency responders. (iv) Include a map which delineates the downstream area which would be affected in the event of a CCR unit failure and a physical description of the CCR unit. (v) Include provisions for an annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders. (b) Amendment of the plan. (i) The owner or operator of a CCR unit subject to the requirements of paragraph (A)(3)(a) of this rule may amend the written EAP at any time provided the revised plan is placed in the facility's operating record as required by paragraph (F)(6) of rule 3745-525-50 of the Administrative Code. The owner or operator shall amend the written EAP whenever there is a change in conditions that would substantially affect the EAP in effect. (ii) The written EAP shall be evaluated, at a minimum, every five years to ensure the information required in paragraph (A)(3)(a) of this rule is accurate. As necessary, the EAP shall be updated and a revised EAP placed in the facility's operating record as required by paragraph (F)(6) of rule 3745-525-50 of the Administrative Code. (c) Changes in hazard potential classification. (i) If the owner or operator of a CCR unit determines during a periodic hazard potential assessment that the CCR unit is no longer classified as either a high hazard potential CCR surface impoundment or a significant hazard potential CCR surface impoundment, then the owner or operator of the CCR unit is no longer subject to the requirement to prepare and maintain a written EAP beginning on the date the periodic hazard potential assessment documentation is placed in the facility's operating record as required by paragraph (F)(5) of rule 3745-525-50 of the Administrative Code. (ii) If the owner or operator of a CCR unit classified as a low hazard potential CCR surface impoundment subsequently determines that the CCR unit is properly re-classified as either a high hazard potential CCR surface impoundment or a significant hazard potential CCR surface impoundment, then the owner or operator of the CCR unit shall prepare a written EAP for the CCR unit as required by paragraph (A)(3)(a) of this rule within six months of completing such periodic hazard potential assessment. (d) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the written EAP, and any subsequent amendment of the EAP, meets the requirements of paragraph (A)(3) of this rule. (e) Activation of the EAP. The EAP shall be implemented once events or circumstances involving the CCR unit that represent a safety emergency are detected, including conditions identified during periodic structural stability assessments, annual inspections, and inspections by a qualified person. (B) The requirements of paragraphs (C) to (E) of this rule apply to an owner or operator of a new CCR surface impoundment and any lateral expansion of a CCR surface impoundment that meets either of the following: (1) Has a height of five feet or more and a storage volume of twenty acre-feet or more. (2) Has a height of twenty feet or more. (C) (1) Not later than the initial receipt of CCR in the CCR unit, the owner or operator unit shall compile the design and construction plans for the CCR unit, which shall include, to the extent feasible, the information specified in paragraphs (C)(1)(a) to (C)(1)(k) of this rule. (a) The name and address of the person owning or operating the CCR unit; the name associated with the CCR unit; and the identification number of the CCR unit if one has been assigned by the state. (b) The location of the CCR unit identified on the most recent U.S. Geological Survey (USGS) "7 12 minute" or "15 minute" topographic quadrangle map, or a topographic map of equivalent scale if a USGS map is not available. (c) A statement of the purpose for which the CCR unit is being used. (d) The name and size in acres of the watershed within which the CCR unit is located. (e) A description of the physical and engineering properties of the foundation and abutment materials on which the CCR unit is constructed. (f) A statement of the type, size, range, and physical and engineering properties of the materials used in constructing each zone or stage of the CCR unit; the method of site preparation and construction of each zone of the CCR unit; and the dates of construction of each successive stage of construction of the CCR unit. (g) At a scale that details engineering structures and appurtenances relevant to the design, construction, operation, and maintenance of the CCR unit, detailed dimensional drawings of the CCR unit, including a plan view and cross-sections of the length and width of the CCR unit, showing all zones, foundation improvements, drainage provisions, spillways, diversion ditches, outlets, instrument locations, and slope protection, in addition to the normal operating pool surface elevation and the maximum pool surface elevation following peak discharge from the inflow design flood, the expected maximum depth of CCR within the CCR surface impoundment, and any identifiable natural or manmade features that could adversely affect operation of the CCR unit due to malfunction or mis-operation. (h) A description of the type, purpose, and location of existing instrumentation. (i) Area-capacity curves for the CCR unit. (j) A description of each spillway and diversion design features and capacities and calculations used in their determination. (k) The construction specifications and provisions for surveillance, maintenance, and repair of the CCR unit. (l) Any record or knowledge of structural instability of the CCR unit. (2) Changes in the design and construction. If there is a significant change to any information compiled under paragraph (C)(1) of this rule, the owner or operator of the CCR unit shall update the relevant information and place it in the facility's operating record as required by paragraph (F)(13) of rule 3745-525-50 of the Administrative Code. (D) Periodic structural stability assessments. (1) The owner or operator of the CCR unit shall conduct initial and periodic structural stability assessments and document whether the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering practices for the maximum volume of CCR and CCR wastewater which can be impounded therein. The assessment shall, at a minimum, document whether the CCR unit has been designed, constructed, operated, and maintained with the following: (a) Stable foundations and abutments. (b) Adequate slope protection to protect against surface erosion, wave action, and adverse effects of sudden drawdown. (c) Dikes mechanically compacted to a density sufficient to withstand the range of loading conditions in the CCR unit. (d) Vegetated slopes of dikes and surrounding areas not to exceed a height of six inches above the slope of the dike, except for slopes which have an alternative form or forms of slope protection. (e) A single spillway or a combination of spillways configured as specified in paragraph (D)(1)(e)(i) of this rule. The combined capacity of all spillways shall be designed, constructed, operated, and maintained to adequately manage flow during and following the peak discharge from the event specified in paragraph (D)(1)(e)(ii) of this rule. (i) All spillways shall be either of the following: (a) Of non-erodible construction and designed to carry sustained flows. (b) Earth- or grass-lined and designed to carry short-term, infrequent flows at non-erosive velocities where sustained flows are not expected. (ii) The combined capacity of all spillways shall adequately manage flow during and following the peak discharge from the following: (a) Probable maximum flood (PMF) for a high hazard potential CCR surface impoundment. (b) One thousand-year flood for a significant hazard potential CCR surface impoundment. (c) One hundred-year flood for a low hazard potential CCR surface impoundment. (f) Hydraulic structures underlying the base of the CCR unit or passing through the dike of the CCR unit that maintain structural integrity and are free of significant deterioration, deformation, distortion, bedding deficiencies, sedimentation, and debris which may negatively affect the operation of the hydraulic structure. (g) For CCR units with downstream slopes which can be inundated by the pool of an adjacent water body, such as a river, stream or lake, downstream slopes that maintain structural stability during low pool of the adjacent water body or sudden drawdown of the adjacent water body. (2) The periodic assessment described in paragraph (D)(1) of this rule shall identify any structural stability deficiencies associated with the CCR unit in addition to recommending corrective measures. If a deficiency or a release is identified during the periodic assessment, the owner or operator unit shall remedy the deficiency or release as soon as feasible and prepare documentation detailing the corrective measures taken. (3) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the initial assessment and each subsequent periodic assessment was conducted in accordance with the requirements of this rule. (E) Periodic safety factor assessments. (1) The owner or operator shall conduct an initial and periodic safety factor assessments for each CCR unit and document whether the calculated factors of safety for each CCR unit achieve the minimum safety factors specified in paragraphs (E)(1)(a) to (E)(1)(e) of this rule for the critical cross-section of the embankment. The critical cross-section is the cross-section anticipated to be the most susceptible of all cross-sections to structural failure based on appropriate engineering considerations, including loading conditions. The safety factor assessments shall be supported by appropriate engineering calculations. (a) The calculated static factor of safety under the end-of-construction loading condition shall equal or exceed 1.30. The assessment of this loading condition is only required for the initial safety factor assessment and is not required for subsequent assessments. (b) The calculated static factor of safety under the long-term, maximum storage pool loading condition shall equal or exceed 1.50. (c) The calculated static factor of safety under the maximum surcharge pool loading condition shall equal or exceed 1.40. (d) The calculated seismic factor of safety shall equal or exceed 1.00. (e) For dikes constructed of soils that have susceptibility to liquefaction, the calculated liquefaction factor of safety shall equal or exceed 1.20. (2) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the initial assessment and each subsequent periodic assessment specified in paragraph (E)(1) of this rule meets the requirements of this rule. (F) Timeframes for periodic assessments. (1) Initial assessments. Except as provided by paragraph (F)(2) of this rule, the owner or operator of the CCR unit shall complete the initial assessments required by paragraphs (A)(2), (D), and (E) of this rule prior to the initial receipt of CCR in the unit. The owner or operator has completed an initial assessment when the owner or operator has placed the assessment required by paragraphs (A)(2), (D), and (E) of this rule in the facility's operating record as required by paragraphs (F)(5), (F)(10), and (F)(12) of rule 3745-525-50 of the Administrative Code. (2) Frequency for conducting periodic assessments. The owner or operator of the CCR unit shall conduct and complete the assessments required by paragraphs (A)(2), (D), and (E) of this rule every five years. The date of completing the initial assessment is the basis for establishing the deadline to complete the first subsequent assessment. The owner or operator may complete any required assessment prior to the required deadline provided the owner or operator places the completed assessment into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing subsequent assessments is based on the date of completing the previous assessment. For purposes of this paragraph, the owner or operator has completed an assessment when the relevant assessment required by paragraphs (A)(2), (D), and (E) of this rule has been placed in the facility's operating record as required by paragraphs (F)(5), (F)(10), and (F)(12) of rule 3745-525-50 of the Administrative Code. (3) Failure to document minimum safety factors during the initial assessment. Until the date an owner or operator of a CCR unit documents that the calculated factors of safety achieve the minimum safety factors specified in paragraphs (E)(1)(a) to (E)(1)(e) of this rule, the owner or operator is prohibited from placing CCR in such unit. (4) Closure of the CCR unit. An owner or operator of a CCR unit who either fails to complete a timely periodic safety factor assessment or fails to demonstrate minimum safety factors as required by paragraph (E) of this rule is subject to the requirements of paragraph (C) of rule 3745-525-710 of the Administrative Code. (G) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (F) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (F) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (F) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 1:28 PM
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Rule 3745-525-300 | CCR unit permit to install and operate.
Effective:
October 1, 2026
(A) Applicability. (1) Not later than one hundred and eighty days after the United States environmental protection agency authorizes Ohio to administer the CCR permit program, the owner or operator of a CCR unit shall submit an application for a permit to install and operate pursuant to this chapter. (2) Prior to installation of a proposed new unit, an application for a permit to install and operate shall be submitted by the owner or operator and approved by the director. (3) Prior to making a major modification, an application for a permit to install and operate shall be submitted by the owner or operator and approved by the director. (B) Permit application process. (1) An application for a permit to install and operate shall be accompanied by a nonrefundable application fee in the amount of five thousand dollars established pursuant to section 3745.014 of the Revised Code. (2) An application for a permit to install and operate shall contain the information specified in rule 3745-525-310 of the Administrative Code. (3) In accordance with Chapter 4733. of the Revised Code, documents included in the application for a permit to install and operate entailing the practice of engineering shall be signed and sealed by a professional engineer registered in Ohio. (4) The application for a permit to install and operate and any subsequent revisions to the application shall be submitted electronically to Ohio EPA and include the following statement signed by the owner or operator or an authorized representative: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." (5) Any revisions to the application for a permit to install and operate shall be accompanied by an index listing the changes and the pages where the changes occurred.
Last updated October 1, 2026 at 9:19 AM
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Rule 3745-525-310 | CCR unit permit to install and operate application contents.
Effective:
October 1, 2026
The application for a permit to install and operate shall include the following: (A) The CCR unit name, location, including the city, county, latitude and longitude of the center of the unit, and its type and status (landfill or surface impoundment, new, existing, inactive, or closed). (B) The applicant's name and contact information, including the mailing address, and the phone number and email address for a contact person. (C) Proof of property ownership or lease agreement to use the property for treatment, storage, or disposal of CCR. (D) For a CCR surface impoundment, information regarding the dam or levee construction permit number and issuance date, if required, by the Ohio department of natural resources. (E) For a new or existing CCR unit that is required to apply for an initial permit application pursuant to paragraph (A) of rule 3745-525-300 of the Administrative Code, the following plan drawings as applicable: (1) A cover sheet. (2) For the location restriction demonstration in rule 3745-525-101 of the Administrative Code, the following: (a) A comparison of the base of the CCR unit and the upper limit of the uppermost aquifer. (b) For a new CCR unit, the following additional information shown on cross-sections: (i) Existing topograhy. (ii) The horizontal and vertical limits of excavation proposed in the permit to install application. (iii) The horizontal limits and top and bottom elevations of any added geologic material. (iv) The horizontal limits and bottom elevations of the recompacted soil liner, if any. (v) Geologic stratigraphy and significant zones of saturation corresponding to information from the subsurface investigation. (vi) The uppermost aquifer system and saturated stratigraphic units above the uppermost aquifer system. (vii) Subsurface investigation logs, monitoring well construction diagrams, and piezometer construction diagrams intercepted by the cross-section. (3) For compliance with the location restriction demonstrations contained in rules 3745-525-102 to 3745-525-105 of the Administrative Code, the limits of CCR placement and the following items located within two hundred feet of the limits of CCR placement or for a new CCR unit located within one thousand feet of the limits of CCR placement: (a) Wetlands. (b) Faults that have had displacement in Holocene time. (c) Seismic impact zones, and for a new CCR unit, a note stating whether the CCR unit and its structural components including liners, leachate collection and removal systems, and surface water control systems are or are not in a seismic impact zone and the peak ground acceleration based on a probability level of two per cent exceedance in fifty years. (d) Unstable areas. (4) Plan drawings shall show the boundaries and elevation and include the following: (a) The horizontal limits and top and bottom elevations of the existing and proposed recompacted soil liner. (b) The top elevation of the leachate collection layer, pipe inverts, and layout of the leachate collection and management system, including any leachate storage structures and any leachate lift stations including existing and proposed. (c) The horizontal limits and top and bottom elevations of CCR. (d) The horizontal limits and top and bottom elevations of the cap system. (e) If the unit will be developed in phases, a diagram showing the phases of the unit. (f) For a new CCR unit, plan drawings shall include contour intervals of no greater than five feet for slopes less than or equal to twenty-five per cent and ten feet for slopes greater than twenty-five per cent. (F) Submit all accompanying detail plans and specifications necessary to demonstrate that the criteria in this chapter applicable to a CCR unit have been met.
Last updated October 1, 2026 at 10:41 AM
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Rule 3745-525-315 | Criterion for approval of an application for a permit to install and operate for a CCR unit.
Effective:
October 1, 2026
The director shall not approve an application for a permit to install and operate for a CCR unit unless the director determines that the CCR unit will be capable of being constructed, operated, closed, and maintained during the post-closure care period in accordance with this chapter, and with the terms and conditions of the permit.
Last updated October 1, 2026 at 9:19 AM
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Rule 3745-525-320 | Procedure for a permit to install and operate for a CCR unit.
Effective:
October 1, 2026
Upon receipt of a complete application for a permit to install and operate under rule 3745-525-310 of the Administrative Code, the director shall do the following: (A) Consider the application and accompanying information to determine whether the application complies with agency rules and the requirements of rule 3745-525-315 of the Administrative Code. (B) Issue a draft permit or a notice of intent to deny the permit. (C) Provide public notice of the issuance of the draft permit to install and operate or the notice of intent to deny the application that includes the following: (1) A sixty-day comment period and the name and address of an Ohio EPA contact person to whom written comments shall be sent for consideration. (2) If significant interest is shown, a minimum thirty-day notice of the date, time, and location of the public meeting to be held not later than fifteen days prior to the close of the public comment period in the county in which the facility is or will be located. (D) Within one hundred eighty days of determining that the application is complete, issue or propose to deny a permit to install and operate a CCR Unit. (E) Issue or deny the permit to install and operate in accordance with Chapters 3745. and 119. of the Revised Code and Chapters 3745-47 and 3745-49 of the Administrative Code.
Last updated October 1, 2026 at 9:19 AM
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Rule 3745-525-340 | Minor modifications.
Effective:
October 1, 2026
(A) The owner or operator of a CCR unit may submit an application under this rule for a minor modification, as that term is defined in paragraph (M)(3) of rule 3745-525-03 of the Administrative Code, to a permit to install and operate with the following information: (1) The precise modification requested, with sufficient information to justify treating the modification as a minor modification, the reason for the modification, and an index of each page of the permit to install and operate being modified. (2) The page of the permit to install and operate with the modification, including a schedule on the plan drawing indicating what has changed. (3) Engineering information included in the application for a permit to install and operate signed and sealed by a qualified professional engineer registered in Ohio. (4) The following statement signed by the owner or operator or an authorized representative: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." (B) The permittee shall submit an application for a minor modification no less than forty-five days prior to making the requested change to the CCR unit, unless the minor modification application is for a transfer of ownership or operational control, which is subject to the timelines specified in rule 3745-525-370 of the Administrative Code. (C) When determining whether to approve the minor modification, Ohio EPA may consider whether the modification is at least equivalent to the requirements of this chapter and consistent with any applicable requirements of Chapters 6111. and 3704 of the Revised Code. (D) Ohio EPA may determine that additional information is needed to evaluate the minor modification. (E) The public participation requirements do not apply to a minor modification. (F) For a minor permit modification, the permittee may instead elect to follow the procedures for major modifications. (G) Ohio EPA may determine that the proposed modification does not meet the criteria for a minor modification as that term is used in paragraph (M)(3) of rule 3745-525-03 of the Administrative Code and therefore must follow the procedures of a major modification.
Last updated October 1, 2026 at 10:10 AM
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Rule 3745-525-350 | Termination of a permit to install and operate.
Effective:
October 1, 2026
(A) Termination due to failure to install. (1) A permit to install and operate issued pursuant to this chapter for a new CCR unit shall terminate eighteen months after the effective date of the permit to install and operate if the owner or operator has neither undertaken a continuing program of installation nor entered into a binding contractual obligation to undertake and complete within a reasonable time a continuing program of installation of the new CCR unit. (2) The owner or operator may request an extension of the termination date. Such request shall be submitted to the director and provide justification for the extension of time and an analysis demonstrating that the CCR unit meets all permit approval criteria established in the rules in effect on the date the permit to install and operate is to expire. (3) The director may extend the termination date of a permit to install and operate for a period of time not to exceed twelve months if the director determines that the owner or operator has adequately justified an extension of time and has demonstrated that the CCR unit meets all permit approval criteria established in the rules in effect on the date the permit to install and operate is to expire. No appeal taken from denial of extension of an expiration date shall prevent termination of a permit during the period between denial of extension and final disposition of the appeal unless prohibited by any court or administrative body having jurisdiction over the matter. (B) Termination at the end of the post-closure care period. The permit to install and operate shall remain in effect until the director has discontinued the post-closure care period.
Last updated October 1, 2026 at 9:22 AM
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Rule 3745-525-370 | Transfer of a permit to install and operate for a CCR unit.
Effective:
October 1, 2026
(A) Permits to install and operate are transferrable. (B) The new owner and operator shall submit a revised permit application in accordance with rule 3745-525-340 of the Administrative Code thirty days prior to the transfer of ownership or operational control or as soon as practicable. If prior notice is impracticable, the revised permit application shall be submitted not later than thirty days after the transfer of ownership or operational control. The transferee shall be responsible for informing Ohio EPA that the transferee will assume the responsibilities of the permittee transferor. The director may deny the transfer of the permit to install and operate if the director concludes that the transferee does not meet the approval criteria in paragraph (C) of rule 3745-525-315 of the Administrative Code.
Last updated October 1, 2026 at 9:19 AM
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Rule 3745-525-400 | Access.
Effective:
October 1, 2026
(A) The director or the director's authorized representative, upon proper identification, may enter any CCR unit at any time for the purpose of determining compliance with this chapter. (B) During the post-closure care period the owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the CCR unit.
Last updated October 1, 2026 at 9:22 AM
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Rule 3745-525-610 | Air criteria, 40 C.F.R. 257.80.
Effective:
October 1, 2026
(A) The owner or operator of a CCR unit shall adopt measures that will effectively minimize CCR from becoming airborne at the facility, including CCR fugitive dust originating from CCR units, roads, and other CCR management and material handling activities. (B) CCR fugitive dust control plan. The owner or operator of the CCR unit shall prepare and operate in accordance with a CCR fugitive dust control plan as specified in paragraphs (B)(1) to (B)(7) of this rule. This requirement applies in addition to, not in place of, any applicable standards under the Occupational Safety and Health Act. (1) The CCR fugitive dust control plan shall identify and describe the CCR fugitive dust control measures the owner or operator will use to minimize CCR from becoming airborne at the facility. The owner or operator shall select, and include in the CCR fugitive dust control plan, the CCR fugitive dust control measures that are most appropriate for site conditions, along with an explanation of how the measures selected are applicable and appropriate for site conditions. Examples of control measures that may be appropriate include locating CCR inside an enclosure or partial enclosure; operating a water spray or fogging system; reducing fall distances at material drop points; using wind barriers, compaction, or vegetative covers; establishing and enforcing reduced vehicle speed limits; paving and sweeping roads; covering trucks transporting CCR; reducing or halting operations during high wind events; or applying a daily cover. (2) If the owner or operator operates a CCR landfill or any lateral expansion of a CCR landfill, the CCR fugitive dust control plan shall include procedures to emplace CCR as conditioned CCR. Conditioned CCR means wetting CCR with water to a moisture content that will prevent wind dispersal, but will not result in free liquids. In lieu of water, CCR conditioning may be accomplished with an appropriate chemical dust suppression agent. (3) The CCR fugitive dust control plan shall include procedures to log citizen complaints received by the owner or operator involving CCR fugitive dust events at the facility. (4) The CCR fugitive dust control plan shall include a description of the procedures the owner or operator will follow to periodically assess the effectiveness of the control plan. (5) The owner or operator of a CCR unit shall have prepared an initial CCR fugitive dust control plan for the facility not later than October 19, 2015, or by initial receipt of CCR in any CCR unit at the facility if the owner or operator becomes subject to this chapter after October 19, 2015. The owner or operator has completed the initial CCR fugitive dust control plan when the plan has been placed in the facility's operating record as required by paragraph (G)(1) of rule 3745-525-50 of the Administrative Code. (6) Amendment of the plan. The owner or operator subject to the requirements of this rule may amend the written CCR fugitive dust control plan at any time provided the revised plan is placed in the facility's operating record as required by paragraph (G)(1) of rule 3745-525-50 of the Administrative Code. The owner or operator shall amend the written plan not later than thirty days whenever there is a change in conditions that would substantially affect the written plan in effect, such as the construction and operation of a new CCR unit. (7) The owner or operator shall obtain a certification from a qualified professional engineer that the initial CCR fugitive dust control plan, or any subsequent amendment of it, meets the requirements of this rule. (C) Annual CCR fugitive dust control report. The owner or operator of a CCR unit shall prepare an annual CCR fugitive dust control report that includes a description of the actions taken by the owner or operator to control CCR fugitive dust, a record of all citizen complaints, and a summary of any corrective measures taken. The initial annual report shall be completed not later than fourteen months after placing the initial CCR fugitive dust control plan in the facility's operating record. The deadline for completing a subsequent report is one year after the date of completing the previous report. For purposes of this paragraph, the owner or operator has completed the annual CCR fugitive dust control report when the plan has been placed in the facility's operating record as required by paragraph (G)(2) of rule 3745-525-50 of the Administrative Code. (D) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (G) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (G) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (G) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:20 AM
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Rule 3745-525-620 | Run-on and run-off controls for CCR landfills, 40 C.F.R. 257.81.
Effective:
October 1, 2026
(A) The owner or operator of an existing or new CCR landfill or any lateral expansion of a CCR landfill shall design, construct, operate, and maintain the following: (1) A run-on control system to prevent flow onto the active portion of the CCR unit during the peak discharge from a twenty-four-hour, twenty-five-year storm. (2) A run-off control system from the active portion of the CCR unit to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm. (B) Run-off from the active portion of the CCR unit shall be handled in accordance with the surface water requirements under Chapter 6111. of the Revised Code. (C) Run-on and run-off control system plan. (1) Content of the plan. The owner or operator shall prepare initial and periodic run-on and run-off control system plans for the CCR unit according to the timeframes specified in paragraphs (C)(3) and (C)(4) of this rule. These plans shall document how the run-on and run-off control systems have been designed and constructed to meet the applicable requirements of this rule. Each plan shall be supported by appropriate engineering calculations. The owner or operator has completed the initial run-on and run-off control system plan when the plan has been placed in the facility's operating record as required by paragraph (G)(3) of rule 3745-525-50 of the Administrative Code. (2) Amendment of the plan. The owner or operator may amend the written run-on and run-off control system plan at any time provided the revised plan is placed in the facility's operating record as required by paragraph (G)(3) of rule 3745-525-50 of the Administrative Code. The owner or operator shall amend the written run-on and run-off control system plan whenever there is a change in conditions that would substantially affect the written plan in effect. (3) Timeframes for preparing the initial plan. (a) Existing CCR landfills. The owner or operator of the CCR unit shall have prepared the initial run-on and run-off control system plan not later than October 17, 2016. (b) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator shall prepare the initial run-on and run-off control system plan not later than the date of initial receipt of CCR in the CCR unit. (4) Frequency for revising the plan. The owner or operator of the CCR unit shall prepare periodic run-on and run-off control system plans required by paragraph (C)(1) of this rule every five years. The date of completing the initial plan is the basis for establishing the deadline to complete the first subsequent plan. The owner or operator may complete any required plan prior to the required deadline provided the owner or operator places the completed plan into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing a subsequent plan is based on the date of completing the previous plan. For purposes of this paragraph, the owner or operator has completed a periodic run-on and run-off control system plan when the plan has been placed in the facility's operating record as required by paragraph (G)(3) of rule 3745-525-50 of the Administrative Code. (5) The owner or operator shall obtain a certification from a qualified professional engineer stating that the initial and periodic run-on and run-off control system plans meet the requirements of this rule. (D) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (G) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (G) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (G) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:52 AM
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Rule 3745-525-630 | Hydrologic and hydraulic capacity requirements for CCR surface impoundments, 40 C.F.R. 257.82.
Effective:
October 1, 2026
(A) The owner or operator of an existing or new CCR surface impoundment or any lateral expansion of a CCR surface impoundment shall design, construct, operate, and maintain an inflow design flood control system as specified in paragraphs (A)(1) and (A)(2) of this rule. (1) The inflow design flood control system shall adequately manage flow into the CCR unit during and following the peak discharge of the inflow design flood specified in paragraph (A)(3) of this rule. (2) The inflow design flood control system shall adequately manage flow from the CCR unit to collect and control the peak discharge resulting from the inflow design flood specified in paragraph (A)(3) of this rule. (3) The inflow design flood is as follows: (a) For a high hazard potential CCR surface impoundment, as determined under paragraph (A)(2) of rule 3745-525-204 or paragraph (A)(2) of rule 3745-525-205 of the Administrative Code, the probable maximum flood. (b) For a significant hazard potential CCR surface impoundment, as determined under paragraph (A)(2) of rule 3745-525-204 or paragraph (A)(2) of rule 3745-525-205 of the Administrative Code, the one-thousand-year flood. (c) For a low hazard potential CCR surface impoundment, as determined under paragraph (A)(2) of rule 3745-525-204 or paragraph (A)(2) of rule 3745-525-205 of the Administrative Code, the one-hundred-year flood. (d) For an incised CCR surface impoundment, the twenty-five-year flood. (B) Discharge from the CCR unit shall be handled in accordance with the surface water requirements under Chapter 6111. of the Revised Code. (C) Inflow design flood control system plan. (1) Content of the plan. The owner or operator shall prepare initial and periodic inflow design flood control system plans for the CCR unit according to the timeframes specified in paragraphs (C)(3) and (C)(4) of this rule. These plans shall document how the inflow design flood control system has been designed and constructed to meet the requirements of this rule. Each plan shall be supported by appropriate engineering calculations. The owner or operator of the CCR unit has completed the inflow design flood control system plan when the plan has been placed in the facility's operating record as required by paragraph (G)(4) of rule 3745-525-50 of the Administrative Code. (2) Amendment of the plan. The owner or operator of the CCR unit may amend the written inflow design flood control system plan at any time provided the revised plan is placed in the facility's operating record as required by paragraph (G)(4) of rule 3745-525-50 of the Administrative Code. The owner or operator shall amend the written inflow design flood control system plan whenever there is a change in conditions that would substantially affect the written plan in effect. (3) Timeframes for preparing the initial plan. (a) Existing CCR surface impoundments. The owner or operator of the CCR unit shall have prepared the initial inflow design flood control system plan not later than October 17, 2016. (b) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator shall prepare the initial inflow design flood control system plan not later than the date of initial receipt of CCR in the CCR unit. (4) Frequency for revising the plan. The owner or operator shall prepare periodic inflow design flood control system plans required by paragraph (C)(1) of this rule every five years. The date of completing the initial plan is the basis for establishing the deadline to complete the first periodic plan. The owner or operator may complete any required plan prior to the required deadline provided the owner or operator places the completed plan into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing a subsequent plan is based on the date of completing the previous plan. For purposes of this paragraph, the owner or operator has completed an inflow design flood control system plan when the plan has been placed in the facility's operating record as required by paragraph (G)(4) of rule 3745-525-50 of the Administrative Code. (5) The owner or operator shall obtain a certification from a qualified professional engineer stating that the initial and periodic inflow design flood control system plans meet the requirements of this rule. (D) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (G) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (G) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (G) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:20 AM
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Rule 3745-525-640 | Inspection requirements for CCR surface impoundments, 40 C.F.R. 257.83.
Effective:
October 1, 2026
(A) Inspections by a qualified person. (1) All CCR surface impoundments and any lateral expansion of a CCR surface impoundment shall be examined by a qualified person as follows: (a) At intervals not exceeding seven days, inspect for any appearances of actual or potential structural weakness and other conditions which are disrupting or have the potential to disrupt the operation or safety of the CCR unit. (b) At intervals not exceeding seven days, inspect the discharge of all outlets of hydraulic structures that pass underneath the base of the surface impoundment or through the dike of the CCR unit for abnormal discoloration, flow or discharge of debris or sediment. (c) At intervals not exceeding thirty days, monitor all CCR unit instrumentation. (d) The results of the inspection by a qualified person shall be recorded in the facility's operating record as required by paragraph (G)(5) of rule 3745-525-50 of the Administrative Code. (2) Timeframes for inspections by a qualified person. (a) Existing CCR surface impoundments. The owner or operator of the CCR unit shall have initiated the inspections required under paragraph (A) of this rule not later than October 19, 2015. (b) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator of the CCR unit shall initiate the inspections required under paragraph (A) of this rule upon initial receipt of CCR by the CCR unit. (B) Annual inspections by a qualified professional engineer. (1) If the existing or new CCR surface impoundment or any lateral expansion of the CCR surface impoundment is subject to the periodic structural stability assessment requirements under paragraph (D) of rule 3745-525-204 of the Administrative Code or paragraph (D) of rule 3745-525-205 of the Administrative Code, the CCR unit shall additionally be inspected on a periodic basis by a qualified professional engineer to ensure that the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering standards. The inspection shall, at a minimum, include the following: (a) A review of available information regarding the status and condition of the CCR unit, including, but not limited to, files available in the operating record (e.g., CCR unit design and construction information required by paragraph (C)(1) of rule 3745-525-204 of the Administrative Code and paragraph (C)(1) of rule 3745-525-205 of the Administrative Code, previous periodic structural stability assessments required under paragraph (D) of rule 3745-525-204 of the Administrative Code and paragraph (D) of rule 3745-525-205 of the Administrative Code, the results of inspections by a qualified person, and results of previous annual inspections). (b) A visual inspection of the CCR unit to identify signs of distress or malfunction of the CCR unit and appurtenant structures. (c) A visual inspection of any hydraulic structures underlying the base of the CCR unit or passing through the dike of the CCR unit for structural integrity and continued safe and reliable operation. (2) Inspection report. The qualified professional engineer shall prepare a report following each inspection that addresses the following: (a) Any changes in geometry of the impounding structure since the previous annual inspection. (b) The location and type of existing instrumentation and the maximum recorded readings of each instrument since the previous annual inspection. (c) The approximate minimum, maximum, and present depth and elevation of the impounded water and CCR since the previous annual inspection. (d) The storage capacity of the impounding structure at the time of the inspection. (e) The approximate volume of the impounded water and CCR at the time of the inspection. (f) Any appearances of an actual or potential structural weakness of the CCR unit, in addition to any existing conditions that are disrupting or have the potential to disrupt the operation and safety of the CCR unit and appurtenant structures. (g) Any other change that may have affected the stability or operation of the impounding structure since the previous annual inspection. (3) Timeframes for conducting the initial inspection. (a) Existing CCR surface impoundments. The owner or operator of the CCR unit shall have completed the initial inspection required by paragraphs (B)(1) and (B)(2) of this rule not later than January 19, 2016. (b) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator of the CCR unit shall complete the initial annual inspection required by paragraphs (B)(1) and (B)(2) of this rule is completed not later than fourteen months following the date of initial receipt of CCR in the CCR unit. (4) Frequency of inspections. (a) Except as provided for in paragraph (B)(4)(b) of this rule, the owner or operator of the CCR unit shall conduct the inspection required by paragraphs (B)(1) and (B)(2) of this rule on an annual basis. The date of completing the initial inspection report is the basis for establishing the deadline to complete the first subsequent inspection. Any required inspection may be conducted prior to the required deadline provided the owner or operator places the completed inspection report into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing subsequent inspection reports is based on the date of completing the previous inspection report. For purposes of this rule, the owner or operator has completed an inspection when the inspection report has been placed in the facility's operating record as required by paragraph (G)(6) of rule 3745-525-50 of the Administrative Code. (b) In any calendar year in which both the periodic inspection by a qualified professional engineer and the quinquennial (occurring every five years) structural stability assessment by a qualified professional engineer required by paragraph (D) of rule 3745-525-204 of the Administrative Code and paragraph (D) of rule 3745-525-205 of the Administrative Code are required to be completed, the annual inspection is not required, provided the structural stability assessment is completed during the calendar year. If the annual inspection is not conducted in a year as provided by this paragraph, the deadline for completing the next annual inspection is one year from the date of completing the quinquennial structural stability assessment. (5) If a deficiency or release is identified during an inspection, the owner or operator shall remedy the deficiency or release as soon as feasible and prepare documentation detailing the corrective measures taken. (C) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (G) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (G) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (G) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:22 AM
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Rule 3745-525-650 | Inspection requirements for CCR landfills, 40 C.F.R. 257.84.
Effective:
October 1, 2026
(A) Inspections by a qualified person. (1) All CCR landfills and any lateral expansion of a CCR landfill shall be examined by a qualified person as follows: (a) At intervals not exceeding seven days, inspect for any appearances of actual or potential structural weakness and other conditions which are disrupting or have the potential to disrupt the operation or safety of the CCR unit. (b) The results of the inspection by a qualified person shall be recorded in the facility's operating record as required by paragraph (G)(8) of rule 3745-525-50 of the Administrative Code. (2) Timeframes for inspections by a qualified person. (a) Existing CCR landfills. The owner or operator of the CCR unit shall have initiated the inspections required under paragraph (A) of this rule not later than October 19, 2015. (b) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator of the CCR unit shall initiate the inspections required under paragraph (A) of this rule upon initial receipt of CCR by the CCR unit. (B) Annual inspections by a qualified professional engineer. (1) Existing and new CCR landfills and any lateral expansion of a CCR landfill shall be inspected on a periodic basis by a qualified professional engineer to ensure that the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering standards. The inspection shall, at a minimum, include the following: (a) A review of available information regarding the status and condition of the CCR unit, including, but not limited to, files available in the operating record (e.g., the results of inspections by a qualified person, and results of previous annual inspections). (b) A visual inspection of the CCR unit to identify signs of distress or malfunction of the CCR unit. (2) Inspection report. The qualified professional engineer shall prepare a report following each inspection that addresses the following: (a) Any changes in geometry of the structure since the previous annual inspection. (b) The approximate volume of CCR contained in the unit at the time of the inspection. (c) Any appearances of an actual or potential structural weakness of the CCR unit, in addition to any existing conditions that are disrupting or have the potential to disrupt the operation and safety of the CCR unit. (d) Any other change which may have affected the stability or operation of the CCR unit since the previous annual inspection. (3) Timeframes for conducting the initial inspection. (a) Existing CCR landfills. The owner or operator of the CCR unit shall complete the initial inspection required by paragraphs (B)(1) and (B)(2) of this rule not later than January 19, 2016. (b) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator of the CCR unit shall complete the initial annual inspection required by paragraphs (B)(1) and (B)(2) of this rule not later than fourteen months following the date of initial receipt of CCR in the CCR unit. (4) Frequency of inspections. The owner or operator of the CCR unit shall conduct the inspection required by paragraphs (B)(1) and (B)(2) of this rule on an annual basis. The date of completing the initial inspection report is the basis for establishing the deadline to complete the first subsequent inspection. Any required inspection may be conducted prior to the required deadline provided the owner or operator places the completed inspection report into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing subsequent inspection reports is based on the date of completing the previous inspection report. For purposes of this rule, the owner or operator has completed an inspection when the inspection report has been placed in the facility's operating record as required by paragraph (G)(9) of rule 3745-525-50 of the Administrative Code. (5) If a deficiency or release is identified during an inspection, the owner or operator shall remedy the deficiency or release as soon as feasible and prepare documentation detailing the corrective measures taken. (C) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (G) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (G) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (G) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:20 AM
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Rule 3745-525-700 | Inactive CCR surface impoundments, 40 C.F.R. 257.100.
Effective:
October 1, 2026
(A) General. Inactive CCR surface impoundments are subject to all of the requirements of this chapter applicable to existing CCR surface impoundments. (B) [Reserved.] (C) [Reserved.] (D) [Reserved.] (E) Timeframes for certain inactive CCR surface impoundments. (1) An inactive CCR surface impoundment for which the owner or operator has completed the actions by the deadlines specified in paragraphs (e)(1)(i) to (e)(1)(iii) of section 40 C.F.R 257.100 is eligible for the alternative timeframes specified in paragraphs (E)(2) to (E)(6) of this rule. The owner or operator of the CCR unit shall comply with the applicable recordkeeping, notification, and internet requirements associated with these provisions. (2) Location restrictions. (a) Not later than April 16, 2020, the owner or operator of the inactive CCR surface impoundment shall do the following: (i) Complete the demonstration for placement above the uppermost aquifer as set forth by paragraphs (A), (B), and (C)(3) of rule 3745-525-101 of the Administrative Code. (ii) Complete the demonstration for wetlands as set forth by paragraphs (A), (B), and (C)(3) of rule 3745-525-102 of the Administrative Code. (iii) Complete the demonstration for fault areas as set forth by paragraphs (A), (B), and (C)(3) of rule 3745-525-103 of the Administrative Code. (iv) Complete the demonstration for seismic impact zones as set forth by paragraphs (A), (B), and (C)(3) of rule 3745-525-104 of the Administrative Code. (v) Complete the demonstration for unstable areas as set forth by paragraphs (A) to (C), and (D)(3) of rule 3745-525-105 of the Administrative Code. (b) An owner or operator of an inactive CCR surface impoundment who fails to demonstrate compliance with the requirements of paragraph (E)(2)(a) of this rule is subject to the closure requirements of paragraph (B)(1) of rule 3745-525-710 of the Administrative Code. (3) Design criteria. The owner or operator of the inactive CCR surface impoundment shall do the following: (a) Not later than April 17, 2018, complete the documentation of liner type as set forth by paragraphs (A) and (B) of rule 3745-525-202 of the Administrative Code. (b) Not later than June 16, 2017, place on or immediately adjacent to the CCR unit the permanent identification marker as set forth by paragraph (A)(1) of rule 3745-525-204 of the Administrative Code. (c) Not later than October 16, 2018, prepare and maintain an emergency action plan as set forth by paragraph (A)(3) of rule 3745-525-204 of the Administrative Code. (d) Not later than April 17, 2018, compile a history of construction as set forth by paragraphs (B) and (C) of rule 3745-525-204 of the Administrative Code. (e) Not later than April 17, 2018, complete the initial hazard potential classification, structural stability, and safety factor assessments as set forth by paragraphs (A)(2), (B), and (D) to (F) of rule 3745-525-204 of the Administrative Code. (4) Operating criteria. The owner or operator of the inactive CCR surface impoundment shall do the following: (a) Not later than April 18, 2017, prepare the initial CCR fugitive dust control plan as set forth in paragraph (B) of rule 3745-525-610 of the Administrative Code. (b) Not later than April 17, 2018, prepare the initial inflow design flood control system plan as set forth in paragraph (C) of rule 3745-525-630 of the Administrative Code. (c) Not later than April 18, 2017, initiate the inspections by a qualified person as set forth by paragraph (A) of rule 3745-525-640 of the Administrative Code. (d) Not later than July 19, 2017, complete the initial annual inspection by a qualified professional engineer as set forth by paragraph (B) of rule 3745-525-640 of the Administrative Code. (5) Groundwater monitoring and corrective action. The owner or operator of the inactive CCR surface impoundment shall do the following: (a) Not later than April 17, 2019, comply with groundwater monitoring requirements set forth in paragraph (B) of rule 3745-525-900 of the Administrative Code and paragraph (B) of rule 3745-525-930 of the Administrative Code. (b) Not later than August 1, 2019, prepare the initial groundwater monitoring and corrective action report as set forth in paragraph (E) of rule 3745-525-900 of the Administrative Code. (6) Closure and post-closure care. The owner or operator of the inactive CCR surface impoundment shall do the following: (a) Not later than April 17, 2018, prepare an initial written closure plan as set forth in paragraph (B) of rule 3745-525-720 of the Administrative Code. (b) Not later than April 17, 2018, prepare an initial written post-closure care plan as set forth in paragraph (D) of rule 3745-525-750 of the Administrative Code.
Last updated October 1, 2026 at 10:41 AM
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Rule 3745-525-710 | Closure or retrofit of CCR units, 40 C.F.R. 257.101.
Effective:
October 1, 2026
(A) The owner or operator of an existing unlined CCR surface impoundment, as determined under paragraph (A) of rule 3745-525-202 of the Administrative Code, is subject to the requirements of paragraph (A)(1) of this rule. (1) Except as provided by paragraph (A)(3) of this rule, as soon as technically feasible, but not later than April 11, 2021, an owner or operator of an existing unlined CCR surface impoundment shall cease placing CCR and non-CCR waste streams into such CCR surface impoundment and either retrofit or close the CCR unit in accordance with the requirements of rule 3745-525-720 of the Administrative Code. (2) An owner or operator of an existing unlined CCR surface impoundment that closes in accordance with paragraph (A)(1) of this rule shall include a statement in the notification required under paragraph (G) or (K)(5) of rule 3745-525-720 of the Administrative Code that the CCR surface impoundment is closing or retrofitting under the requirements of paragraph (A)(1) of this rule. (3) The timeframe specified in paragraph (A)(1) of this rule does not apply if the owner or operator complies with the alternative liner demonstration provisions specified in paragraph (D) of rule 3745-525-202 of the Administrative Code or the alternative closure procedures specified in rule 3745-525-730 of the Administrative Code. (4) At any time after the initiation of closure under paragraph (A)(1) of this rule, the owner or operator may cease closure activities and initiate a retrofit of the CCR unit in accordance with the requirements of paragraph (K) of rule 3745-525-720 of the Administrative Code. (B) The owner or operator of an existing CCR surface impoundment is subject to the requirements of paragraph (B)(1) of this rule. (1) (a) Location standard under rule 3745-525-101 of the Administrative Code. Except as provided by paragraph (B)(4) of this rule, the owner or operator of an existing CCR surface impoundment that has not demonstrated compliance with the location standard specified in paragraph (A) of rule 3745-525-101 of the Administrative Code shall cease placing CCR and non-CCR waste streams into such CCR unit as soon as technically feasible, but not later than April 11, 2021, and close the CCR unit in accordance with the requirements of rule 3745-525-720 of the Administrative Code. (b) Location standards under rules 3745-525-102 to 3745-525-105 of the Administrative Code. Except as provided by paragraph (B)(4) of this rule, within six months of determining that an existing CCR surface impoundment has not demonstrated compliance with any location standard specified in paragraph (A) of rule 3745-525-102 of the Administrative Code, paragraph (A) of rule 3745-525-103 of the Administrative Code, paragraph (A) of rule 3745-525-104 of the Administrative Code, and paragraph (A) of rule 3745-525-105 of the Administrative Code, the owner or operator of the CCR surface impoundment shall cease placing CCR and non-CCR waste streams into such CCR unit and close the CCR unit in accordance with the requirements of paragraph (D) of rule 3745-525-720 of the Administrative Code. (2) Within six months of either failing to complete the initial or any subsequent periodic safety factor assessment required by paragraph (E) of rule 3745-525-204 of the Administrative Code by the deadlines specified in paragraphs (F)(1) to (F)(3) in rule 3745-525-204 of the Administrative Code or failing to document that the calculated factors of safety for the existing CCR surface impoundment achieve the minimum safety factors specified in paragraphs (E)(1)(a) to (E)(1)(d) of rule 3745-525-204 of the Administrative Code, the owner or operator of the CCR surface impoundment shall cease placing CCR and non-CCR waste streams into such CCR unit and close the CCR unit in accordance with the requirements of rule 3745-525-720 of the Administrative Code. (3) An owner or operator of an existing CCR surface impoundment that closes in accordance with paragraph (B)(1) or (B)(2) of this rule shall include a statement in the notification required under paragraph (G) of rule 3745-525-720 of the Administrative Code that the CCR surface impoundment is closing under the requirements of paragraph (B)(1) or (B)(2) of this rule. (4) The timeframe specified in paragraph (B)(1) of this rule does not apply if the owner or operator complies with the alternative closure procedures specified in rule 3745-525-730 of the Administrative Code. (C) The owner or operator of a new CCR surface impoundment is subject to the requirements of paragraph (C)(1) of this rule. (1) Within six months of either failing to complete the initial or any subsequent periodic safety factor assessment required by paragraph (E) of rule 3745-525-205 of the Administrative Code by the deadlines specified in paragraphs (F)(1) to (F)(3) in rule 3745-525-205 of the Administrative Code or failing to document that the calculated factors of safety for the new CCR surface impoundment achieve the minimum safety factors specified in paragraphs (E)(1)(a) of rule 3745-525-205 of the Administrative Code, the owner or operator of the CCR surface impoundment shall cease placing CCR and non-CCR waste streams into such CCR unit and close the CCR unit in accordance with the requirements of rule 3745-525-720 of the Administrative Code. (2) An owner or operator of a new CCR surface impoundment that closes in accordance with paragraph (C)(1) of this rule shall include a statement in the notification required under paragraph (G) of rule 3745-525-720 of the Administrative Code that the CCR surface impoundment is closing under the requirements of paragraph (C)(1) of this rule. (D) The owner or operator of an existing CCR landfill is subject to the requirements of paragraph (D)(1) of this rule. (1) Except as provided by paragraph (D)(3) of this rule, within six months of determining that an existing CCR landfill has not demonstrated compliance with the location restriction for unstable areas specified in paragraph (A) of rule 3745-525-105 of the Administrative Code, the owner or operator of the CCR unit shall cease placing CCR and non-CCR waste streams into such CCR landfill and close the CCR unit in accordance with the requirements of rule 3745-525-720 of the Administrative Code. (2) An owner or operator of an existing CCR landfill that closes in accordance with paragraph (D)(1) of this rule shall include a statement in the notification required under paragraph (G) of rule 3745-525-720 of the Administrative Code that the CCR landfill is closing under the requirements of paragraph (D)(1) of this rule. (3) The timeframe specified in paragraph (D)(1) of this rule does not apply if the owner or operator complies with the alternative closure procedures specified in rule 3745-525-730 of the Administrative Code.
Last updated October 1, 2026 at 9:21 AM
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Rule 3745-525-720 | Criteria for conducting the closure or retrofit of CCR units, 40 C.F.R. 257.102.
Effective:
October 1, 2026
(A) General. Closure of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit shall be completed either by leaving the CCR in place and installing a final cover system or through removal of the CCR and decontamination of the CCR unit, as described in paragraphs (B) to (J) of this rule. Retrofit of a CCR surface impoundment shall be completed in accordance with the requirements in paragraph (K) of this rule. (B) Written closure plan. (1) Content of the plan. The owner or operator of a CCR unit shall prepare a written closure plan that describes the steps necessary to close the CCR unit at any point during the active life of the CCR unit consistent with recognized and generally accepted good engineering practices. The written closure plan shall include, at a minimum, the information specified in paragraphs (B)(1)(a) to (B)(1)(f) of this rule. (a) A narrative description of how the CCR unit will be closed in accordance with this rule. (b) If closure of the CCR unit will be accomplished through removal of CCR from the CCR unit, a description of the procedures to remove the CCR and decontaminate the CCR unit in accordance with paragraph (C) of this rule. (c) If closure of the CCR unit will be accomplished by leaving CCR in place, a description of the final cover system, designed in accordance with paragraph (D) of this rule, and the methods and procedures to be used to install the final cover. The closure plan shall also discuss how the final cover system will achieve the performance standards specified in paragraph (D) of this rule. (d) An estimate of the maximum inventory of CCR ever on-site over the active life of the CCR unit. (e) An estimate of the largest area of the CCR unit ever requiring a final cover as required by paragraph (D) of this rule at any time during the CCR unit's active life. (f) A schedule for completing all activities necessary to satisfy the closure criteria in this rule, including an estimate of the year in which all closure activities for the CCR unit will be completed. The schedule should provide sufficient information to describe the sequential steps that will be taken to close the CCR unit, including identification of major milestones such as coordinating with and obtaining necessary approvals and permits from other agencies, the dewatering and stabilization phases of CCR surface impoundment closure, or installation of the final cover system, and the estimated timeframes to complete each step or phase of CCR unit closure. When preparing the written closure plan, if the owner or operator of a CCR unit estimates that the time required to complete closure will exceed the timeframes specified in paragraph (F)(1) of this rule, the written closure plan shall include the site-specific information, factors and considerations that would support any time extension sought under paragraph (F)(2) of this rule. (2) Timeframes for preparing the initial written closure plan. (a) Existing CCR landfills and existing CCR surface impoundments. Not later than October 17, 2016, the owner or operator of the CCR unit shall have prepared an initial written closure plan consistent with the requirements specified in paragraph (B)(1) of this rule. (b) New CCR landfills and new CCR surface impoundments, and any lateral expansion of a CCR unit. Not later than the date of the initial receipt of CCR in the CCR unit, the owner or operator shall prepare an initial written closure plan consistent with the requirements specified in paragraph (B)(1) of this rule. (c) Recordkeeping. The owner or operator has completed the written closure plan when the plan, including the certification required by paragraph (B)(4) of this rule, has been placed in the facility's operating record as required by paragraph (I)(1) of rule 3745-525-50 of the Administrative Code. (3) Amendment of a written closure plan. (a) The owner or operator may amend the initial or any subsequent written closure plan developed pursuant to paragraph (B)(1) of this rule at any time. (b) The owner or operator shall amend the written closure plan whenever the following occur: (i) There is a change in the operation of the CCR unit that would substantially affect the written closure plan in effect. (ii) Before or after closure activities have commenced, unanticipated events necessitate a revision of the written closure plan. (c) The owner or operator shall amend the closure plan at least sixty days prior to a planned change in the operation of the facility or CCR unit, or not later than sixty days after an unanticipated event requires the need to revise an existing written closure plan. If a written closure plan is revised after closure activities have commenced for a CCR unit, the owner or operator shall amend the current closure plan not later than thirty days following the triggering event. (4) The owner or operator of the CCR unit shall obtain a written certification from a qualified professional engineer that the initial and any amendment of the written closure plan meets the requirements of this rule. (C) Closure by removal of CCR. An owner or operator that elects to close a CCR unit by removal of CCR shall follow the procedures specified in either paragraph (C)(1) or (C)(2) of this rule. Closure by removal is complete when CCR has been removed; any areas affected by releases from the CCR unit have been removed or decontaminated; and groundwater monitoring concentrations of the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code do not exceed groundwater protection standards established pursuant to paragraph (H) of rule 3745-525-940 of the Administrative Code. Removal and decontamination activities include removing all CCR from the unit, CCR mixed with soils, and CCR included in berms, liners or other unit structures, and removing or decontaminating all areas affected by releases from the CCR unit. (1) Complete all removal and decontamination activities during the active life of the CCR unit. Within the timeframes specified in paragraph (F) of this rule the owner or operator shall do all of the following: (a) Complete removal of CCR and decontamination of all areas affected by releases from the CCR unit. (b) Document that the standards in paragraph (C) of this rule have been met. Documentation that groundwater protection standards have been met for the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code shall consist of groundwater monitoring results that show no constituents were detected at statistically significant levels above the groundwater protection standards for either: (i) Two consecutive monitoring events. (ii) Three years, in accordance with paragraph (C) of rule 3745-525-970 of the Administrative Code. (iii) Obtain the completion of closure certification or approval required by paragraph (F)(3) of this rule. (2) Complete removal and decontamination activities during the active life and post-closure care period of the CCR unit. The owner or operator may close a CCR unit by completing all removal and decontamination activities, except for groundwater corrective action, during the active life of the CCR unit and by completing groundwater corrective action during the post-closure care period pursuant to the following procedures: (a) Within the timeframes specified in paragraph (F) of this rule, document that CCR has been removed from the unit and any areas affected by releases from the CCR unit have been removed or decontaminated. (b) Within the timeframes specified in paragraph (F) of this rule, begin implementation of the remedy selected in accordance with rule 3745-525-960 of the Administrative Code such that all components of the remedy are constructed, or otherwise in place, and operating as intended unless the owner or operator documents both that: (i) All applicable requirements in rules 3745-525-950 to 3745-525-970 of the Administrative Code have been met. (ii) The active life of the unit could not be extended until implementation of the remedy consistent with paragraph (F) of rule 3745-525-720 of the Administrative Code. (c) Complete groundwater corrective action as a post-closure care requirement as specified in paragraph (G) of rule 3745-525-750 of the Administrative Code. (d) Amend the written closure plan required by paragraph (B) of this rule and the written post-closure care plan required by paragraph (D) of rule 3745-525-750 of the Administrative Code. (e) Within the timeframes specified in paragraph (F) of this rule, obtain the completion of closure certification or approval required by paragraph (F)(3) of this rule. (f) Within the timeframes specified in paragraph (F) of this rule, record the notation on the deed to the property required by paragraph (I) of this rule. (D) Closure performance standard when leaving CCR in place. (1) General performance standard. The owner or operator of a CCR unit shall ensure that, at a minimum, the CCR unit is closed in a manner that will do the following: (a) Control, minimize or eliminate, to the maximum extent feasible, post-closure infiltration of liquids into the waste and releases of CCR, leachate, or contaminated run-off to the ground or surface waters or to the atmosphere. (b) Preclude the probability of future impoundment of water, sediment, or slurry. (c) Include measures that provide for major slope stability to prevent the sloughing or movement of the final cover system during the closure and post-closure care period. (d) Minimize the need for further maintenance of the CCR unit. (e) Be completed in the shortest amount of time consistent with recognized and generally accepted good engineering practices. (2) Drainage and stabilization of CCR units. The owner or operator of any CCR unit shall meet the requirements of paragraphs (D)(2)(a) and (D)(2)(b) of this rule prior to installing the final cover system required under paragraph (D)(3) of this rule. (a) Free liquids shall be eliminated by removing liquid wastes or solidifying the remaining wastes and waste residues. (b) Remaining wastes shall be stabilized sufficient to support the final cover system. (3) Final cover system. If a CCR unit is closed by leaving CCR in place, the owner or operator shall install a final cover system that is designed to minimize infiltration and erosion, and at a minimum, meets the requirements of paragraph (D)(3)(a) of this rule, or the requirements of the alternative final cover system specified in paragraph (D)(3)(b) of this rule. (a) The final cover system shall be designed and constructed to meet the criteria in paragraphs (D)(3)(a)(i) to (D)(3)(a)(iv) of this rule. The design of the final cover system shall be included in the written closure plan required by paragraph (B) of this rule. (i) The permeability of the final cover system shall be less than or equal to the permeability of any bottom liner system or natural subsoils present, or a permeability no greater than 1 x 10-5 cm/sec, whichever is less. (ii) The infiltration of liquids through the closed CCR unit shall be minimized by the use of an infiltration layer that contains a minimum of eighteen inches of earthen material. (iii) The erosion of the final cover system shall be minimized by the use of an erosion layer that contains a minimum of six inches of earthen material that is capable of sustaining native plant growth. (iv) The disruption of the integrity of the final cover system shall be minimized through a design that accommodates settling and subsidence. (b) The owner or operator may select an alternative final cover system design, provided the alternative final cover system is designed and constructed to meet the criteria in paragraphs (D)(3)(b)(i) to (D)(3)(b)(iii) of this rule. The design of the final cover system shall be included in the written closure plan required by paragraph (B) of this rule. (i) The design of the final cover system shall include an infiltration layer that achieves an equivalent reduction in infiltration as the infiltration layer specified in paragraphs (D)(3)(a)(i) and (D)(3)(a)(ii) of this rule. (ii) The design of the final cover system shall include an erosion layer that provides equivalent protection from wind or water erosion as the erosion layer specified in paragraph (D)(3)(a)(iii) of this rule. (iii) The disruption of the integrity of the final cover system shall be minimized through a design that accommodates settling and subsidence. (c) The owner or operator of the CCR unit shall obtain a written certification from a qualified professional engineer that the design of the final cover system meets the requirements of this rule. (E) Initiation of closure activities. Except as provided in paragraph (E)(4) of this rule and rule 3745-525-730 of the Administrative Code, the owner or operator of a CCR unit shall commence closure of the CCR unit not later than the applicable timeframes specified in either paragraph (E)(1) or (E)(2) of this rule. (1) The owner or operator shall commence closure of the CCR unit not later than thirty days after the date on which the CCR unit does either of the following: (a) Receives the known final receipt of waste, either CCR or any non-CCR waste stream. (b) Removes the known final volume of CCR from the CCR unit for the purpose of beneficial use of CCR. (2) (a) Except as provided by paragraph (E)(2)(b) of this rule, the owner or operator shall commence closure of a CCR unit that has not received CCR or any non-CCR waste stream or is no longer removing CCR for the purpose of beneficial use within two years of the last receipt of waste or within two years of the last removal of CCR material for the purpose of beneficial use. (b) Notwithstanding paragraph (E)(2)(a) of this rule, the owner or operator of the CCR unit may secure an additional two years to initiate closure of the idle unit provided the owner or operator provides written documentation that the CCR unit will continue to accept wastes or will start removing CCR for the purpose of beneficial use. The documentation shall be supported by, at a minimum, the information specified in paragraphs (E)(2)(b)(i) and (E)(2)(b)(ii) of this rule. The owner or operator may obtain two-year extensions provided the owner or operator continues to be able to demonstrate that there is reasonable likelihood that the CCR unit will accept wastes in the foreseeable future or will remove CCR from the unit for the purpose of beneficial use. The owner or operator shall place each completed demonstration, if more than one time extension is sought, in the facility's operating record as required by paragraph (I)(2) of rule 3745-525-50 of the Administrative Code prior to the end of any two-year period. (i) Information documenting that the CCR unit has remaining storage or disposal capacity or that the CCR unit can have CCR removed for the purpose of beneficial use. (ii) Information demonstrating that that there is a reasonable likelihood that the CCR unit will resume receiving CCR or non-CCR waste streams in the foreseeable future or that CCR can be removed for the purpose of beneficial use. The narrative shall include a best estimate as to when the CCR unit will resume receiving CCR or non-CCR waste streams. The situations listed in paragraphs (E)(2)(b)(ii)(a) to (E)(2)(b)(ii)(d) of this rule are examples of situations that would support a determination that the CCR unit will resume receiving CCR or non-CCR waste streams in the foreseeable future. (a) Normal plant operations include periods during which the CCR unit does not receive CCR or non-CCR waste streams, such as the alternating use of two or more CCR units whereby at any point in time one CCR unit is receiving CCR while CCR is being removed from a second CCR unit after its dewatering. (b) The CCR unit is dedicated to a coal-fired boiler unit that is temporarily idled (e.g., CCR is not being generated) and there is a reasonable likelihood that the coal-fired boiler will resume operations in the future. (c) The CCR unit is dedicated to an operating coal-fired boiler (i.e., CCR is being generated); however, no CCR are being placed in the CCR unit because the CCR are being entirely diverted to beneficial uses, but there is a reasonable likelihood that the CCR unit will again be used in the foreseeable future. (d) The CCR unit currently receives only non-CCR waste streams and those non-CCR waste streams are not generated for an extended period of time, but there is a reasonable likelihood that the CCR unit will again receive non-CCR waste streams in the future. (c) In order to obtain additional time extension to initiate closure of a CCR unit beyond the two years provided by paragraph (E)(2)(a) of this rule, the owner or operator of the CCR unit shall include with the demonstration required by paragraph (E)(2)(b) of this rule the following statement signed by the owner or operator or an authorized representative: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." (3) For purposes of this chapter, closure of the CCR unit has commenced if the owner or operator has ceased placing waste and completes any of the following actions or activities: (a) Taken any steps necessary to implement the written closure plan required by paragraph (B) of this rule. (b) Submitted a completed application for any required state or agency permit or permit modification. (c) Taken any steps necessary to comply with any state or other agency standards that are a prerequisite, or are otherwise applicable, to initiating or completing the closure of a CCR unit. (4) The timeframes specified in paragraphs (E)(1) and (E)(2) of this rule do not apply to any of the following owners or operators: (a) [Reserved.] (b) An owner or operator of an existing unlined CCR surface impoundment closing the CCR unit as required by paragraph (A) of rule 3745-525-710 of the Administrative Code. (c) An owner or operator of an existing CCR surface impoundment closing the CCR unit as required by paragraph (B) of rule 3745-525-710 of the Administrative Code. (d) An owner or operator of a new CCR surface impoundment closing the CCR unit as required by paragraph (C) of rule 3745-525-710 of the Administrative Code. (e) An owner or operator of an existing CCR landfill closing the CCR unit as required by paragraph (D) of rule 3745-525-710 of the Administrative Code. (F) Completion of closure activities. (1) Except as provided in paragraph (F)(2) of this rule, the owner or operator shall complete closure of the CCR unit as follows: (a) For existing and new CCR landfills and any lateral expansion of a CCR landfill, within six months of commencing closure activities. (b) For existing and new CCR surface impoundments and any lateral expansion of a CCR surface impoundment, within five years of commencing closure activities. (2) (a) Extensions of closure timeframes. The timeframes for completing closure of a CCR unit specified under paragraphs (F)(1) of this rule may be extended if the owner or operator can demonstrate that it was not feasible to complete closure of the CCR unit within the required timeframes due to factors beyond the facility's control. If the owner or operator is seeking a time extension beyond the time specified in the written closure plan as required by paragraph (B)(1) of this rule, the demonstration shall include a narrative discussion providing the basis for additional time beyond that specified in the closure plan. The owner or operator shall place each completed demonstration, if more than one time extension is sought, in the facility's operating record as required by paragraph (I)(3) of rule 3745-525-50 of the Administrative Code prior to the end of any two-year period. Factors that may support such a demonstration include the following: (i) Complications stemming from the climate and weather, such as unusual amounts of precipitation or a significantly shortened construction season. (ii) Time required to dewater a surface impoundment due to the volume of CCR contained in the CCR unit or the characteristics of the CCR in the unit. (iii) The geology and terrain surrounding the CCR unit will affect the amount of material needed to close the CCR unit. (iv) Time required or delays caused by the need to coordinate with and obtain necessary approvals and permits from a state or other agency. (b) Maximum time extensions. (i) CCR surface impoundments of forty acres or smaller may extend the time to complete closure by no longer than two years. (ii) CCR surface impoundments larger than forty acres may extend the timeframe to complete closure of the CCR unit multiple times, in two-year increments. For each two-year extension sought, the owner or operator shall substantiate the factual circumstances demonstrating the need for the extension. No more than a total of five two-year extensions may be obtained for any CCR surface impoundment. (iii) Except as provided in paragraph (F)(2)(b)(iv) of this rule, CCR landfills may extend the timeframe to complete closure of the CCR unit multiple times, in one-year increments. For each one-year extension sought, the owner or operator shall substantiate the factual circumstances demonstrating the need for the extension. No more than a total of two one-year extensions may be obtained for any CCR landfill. (iv) CCR landfills that intersect with groundwater are eligible for the time extensions available to CCR units in paragraph (F)(2)(b)(ii) of this rule, provided the owner or operator documents that groundwater intersects the CCR unit in the closure plan. (c) In order to obtain additional time extension to complete closure of a CCR unit beyond the times provided by paragraph (F)(1) of this rule, the owner or operator of the CCR unit shall include with the demonstration required by paragraph (F)(2)(a) of this rule the following statement signed by the owner or operator or an authorized representative: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment." (3) Upon completion, the owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer verifying that closure has been completed in accordance with the closure plan specified in paragraph (B) of this rule and the requirements of this rule. (G) Not later than the date the owner or operator initiates closure of a CCR unit, the owner or operator shall prepare a notification of intent to close a CCR unit. The notification shall include the certification by a qualified professional engineer for the design of the final cover system as required by paragraph (D)(3)(c) of rule 3745-525-720 of the Administrative Code, if applicable. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by paragraph (I)(4) of rule 3745-525-50 of the Administrative Code. (H) Within thirty days of completion of closure of the CCR unit, the owner or operator shall prepare a notification of closure of a CCR unit. The notification shall include the certification by a qualified professional engineer as required by paragraph (F)(3) of rule 3745-525-720 of the Administrative Code. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by paragraph (I)(5) of rule 3745-525-50 of the Administrative Code. (I) Deed notations. (1) Except as provided by paragraph (I)(4) of this rule, following closure of a CCR unit, the owner or operator shall record a notation on the deed to the property, or some other instrument that is normally examined during title search. (2) The notation on the deed shall in perpetuity notify any potential purchaser of the property of the following: (a) The land has been used as a CCR unit. (b) Its use is restricted under the post-closure care requirements as provided by paragraph (D)(1)(c) of rule 3745-525-750 of the Administrative Code. (3) Within thirty days of recording a notation on the deed to the property, the owner or operator shall prepare a notification stating that the notation has been recorded. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by paragraph (I)(6) of rule 3745-525-50 of the Administrative Code. (4) An owner or operator that closes a CCR unit in accordance with paragraph (C) of this rule is not subject to the requirements of paragraphs (I)(1) to (I)(3) of this rule. (J) The owner or operator of the CCR unit shall comply with the closure recordkeeping requirements specified in paragraph (I) of rule 3745-525-50 of the Administrative Code, the closure notification requirements specified in paragraph (I) of rule 3745-525-60 of the Administrative Code, and the closure internet requirements specified in paragraph (I) of rule 3745-525-70 of the Administrative Code. (K) Criteria to retrofit an existing CCR surface impoundment. (1) To retrofit an existing CCR surface impoundment, the owner or operator shall do the following: (a) First remove all CCR, including any contaminated soils and sediments from the CCR unit. (b) Comply with the requirements in rule 3745-525-203 of the Administrative Code. (c) A CCR surface impoundment undergoing a retrofit remains subject to all other requirements of this chapter, including the requirement to conduct any necessary corrective action. (2) Written retrofit plan. (a) Content of the plan. The owner or operator shall prepare a written retrofit plan that describes the steps necessary to retrofit the CCR unit consistent with recognized and generally accepted good engineering practices. The written retrofit plan shall include, at a minimum, all of the following information: (i) A narrative description of the specific measures that will be taken to retrofit the CCR unit in accordance with this rule. (ii) A description of the procedures to remove all CCR and contaminated soils and sediments from the CCR unit. (iii) An estimate of the maximum amount of CCR that will be removed as part of the retrofit operation. (iv) An estimate of the largest area of the CCR unit that will be affected by the retrofit operation. (v) A schedule for completing all activities necessary to satisfy the retrofit criteria in this rule, including an estimate of the year in which retrofit activities of the CCR unit will be completed. (b) Timeframes for preparing the initial written retrofit plan. (i) Not later than sixty days prior to date of initiating retrofit activities, the owner or operator shall prepare an initial written retrofit plan consistent with the requirements specified in paragraph (K)(2) of this rule. For purposes of this chapter, initiation of retrofit activities has commenced if the owner or operator has ceased placing waste in the unit and completes any of the following actions or activities: (a) Taken any steps necessary to implement the written retrofit plan. (b) Submitted a completed application for any required state or agency permit or permit modification. (c) Taken any steps necessary to comply with any state or other agency standards that are a prerequisite, or are otherwise applicable, to initiating or completing the retrofit of a CCR unit. (ii) The owner or operator has completed the written retrofit plan when the plan, including the certification required by paragraph (K)(2)(d) of this rule, has been placed in the facility's operating record as required by paragraph (J)(1) of rule 3745-525-50 of the Administrative Code. (c) Amendment of a written retrofit plan. (i) The owner or operator may amend the initial or any subsequent written retrofit plan at any time. (ii) The owner or operator shall amend the written retrofit plan whenever the following occur: (a) There is a change in the operation of the CCR unit that would substantially affect the written retrofit plan in effect. (b) Before or after retrofit activities have commenced, unanticipated events necessitate a revision of the written retrofit plan. (iii) The owner or operator shall amend the retrofit plan at least sixty days prior to a planned change in the operation of the facility or CCR unit, or not later than sixty days after an unanticipated event requires the revision of an existing written retrofit plan. If a written retrofit plan is revised after retrofit activities have commenced for a CCR unit, the owner or operator shall amend the current retrofit plan not later than thirty days following the triggering event. (d) The owner or operator of the CCR unit shall obtain a written certification from a qualified professional engineer that the activities outlined in the written retrofit plan, including any amendment of the plan, meet the requirements of this rule. (3) Deadline for completion of activities related to the retrofit of a CCR unit. Any CCR surface impoundment that is being retrofitted shall complete all retrofit activities within the same timeframes and procedures specified for the closure of a CCR surface impoundment in paragraph (F) of rule 3745-525-720 of the Administrative Code or, where applicable, rule 3745-525-730 of the Administrative Code. (4) Upon completion, the owner or operator shall obtain a written certification from a qualified professional engineer verifying that the retrofit activities have been completed in accordance with the retrofit plan specified in paragraph (K)(2) of this rule and the requirements of this rule. (5) Not later than the date the owner or operator initiates the retrofit of a CCR unit, the owner or operator shall prepare a notification of intent to retrofit a CCR unit. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by paragraph (J)(5) of rule 3745-525-50 of the Administrative Code. (6) Within thirty days of completing the retrofit activities specified in paragraph (K)(1) of this rule, the owner or operator shall prepare a notification of completion of retrofit activities. The notification shall include the certification from a qualified professional engineer as required by paragraph (K)(4) of this rule. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by paragraph (J)(6) of rule 3745-525-50 of the Administrative Code. (7) At any time after the initiation of a CCR unit retrofit, the owner or operator may cease the retrofit and initiate closure of the CCR unit in accordance with the requirements of rule 3745-525-720 of the Administrative Code. (8) The owner or operator of the CCR unit shall comply with the retrofit recordkeeping requirements specified in paragraph (J) of rule 3745-525-50 of the Administrative Code, the retrofit notification requirements specified in paragraph (J) of rule 3745-525-60 of the Administrative Code, and the retrofit internet requirements specified in paragraph (J) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:21 AM
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Rule 3745-525-730 | Alternative closure requirements, 40 C.F.R. 257.103.
Effective:
October 1, 2026
The owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit that is subject to closure pursuant to paragraph (A), (B)(1), or (D) of rule 3745-525-710 of the Administrative Code may nevertheless continue to receive the wastes specified in either paragraph (A), (B), (F)(1), or (F)(2) of this rule in the unit provided the owner or operator meets all of the requirements contained in the respective paragraph. (A) CCR landfills. (1) No alternative CCR disposal capacity. Notwithstanding the provisions of paragraph (D) of rule 3745-525-710 of the Administrative Code, a CCR landfill may continue to receive CCR if the owner or operator of the CCR landfill certifies that the CCR shall continue to be managed in that CCR landfill due to the absence of alternative disposal capacity both on and off-site of the facility. To qualify under this paragraph, the owner or operator of the CCR landfill shall document that all of the following conditions have been met: (a) No alternative disposal capacity is available on or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this paragraph. (b) The owner or operator has made, and continues to make, efforts to obtain additional capacity. Qualification under paragraph (A) of this rule lasts only as long as no alternative capacity is available. Once alternative capacity is identified, the owner or operator shall arrange to use such capacity as soon as feasible. (c) The owner or operator shall remain in compliance with all other requirements of this chapter, including the requirement to conduct any necessary corrective action. (d) The owner or operator shall prepare the annual progress report specified in paragraph (C) of this rule documenting the continued lack of alternative capacity and the progress towards the development of alternative CCR disposal capacity. (2) Once alternative capacity is available, the CCR landfill shall cease receiving CCR and initiate closure following the timeframes in paragraph (E) of rule 3745-525-720 of the Administrative Code. (3) If no alternative capacity is identified within five years after the initial certification, the CCR landfill shall cease receiving CCR and close in accordance with the timeframes in paragraphs (E) and (F) of rule 3745-525-720 of the Administrative Code. (B) CCR landfills. (1) Permanent cessation of a coal-fired boiler by a date certain. Notwithstanding the provisions of paragraph (D) of rule 3745-525-710 of the Administrative Code, a CCR landfill may continue to receive CCR if the owner or operator certifies that the facility will cease operation of the coal-fired boilers within the timeframe specified in paragraph (B)(2) of this rule, but in the interim period (prior to closure of the coal-fired boiler), the facility shall continue to use the CCR landfill due to the absence of alternative disposal capacity both on and off-site of the facility. To qualify under this paragraph, the owner or operator of the CCR landfill shall document that all of the following conditions have been met: (a) No alternative disposal capacity is available on or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this rule. (b) The owner or operator shall remain in compliance with all other requirements of this chapter, including the requirement to conduct any necessary corrective action. (c) The owner or operator shall prepare the annual progress report specified in paragraph (C) of this rule documenting the continued lack of alternative capacity and the progress towards the closure of the coal-fired boiler. (2) For a CCR landfill, the coal-fired boiler shall cease operation, and the CCR landfill shall complete closure not later than April 19, 2021. (C) Required notices and progress reports for CCR landfills. An owner or operator of a CCR landfill that closes in accordance with paragraph (A) or (B) of this rule shall complete the notices and progress reports specified in paragraphs (C)(1) to (C)(3) of this rule. (1) Within six months of becoming subject to closure pursuant to paragraph (D) of rule 3745-525-710 of the Administrative Code, the owner or operator shall prepare and place in the facility's operating record a notification of intent to comply with the alternative closure requirements of this rule. The notification shall describe why the CCR landfill qualifies for the alternative closure provisions under either paragraph (A) or (B) of this rule, in addition to providing the documentation and certifications required by paragraph (A) or (b) of this rule. (2) The owner or operator shall prepare the periodic progress reports required by paragraph (A)(1)(d) or (B)(1)(c) of this rule, in addition to describing any problems encountered and a description of the actions taken to resolve the problems. The annual progress reports shall be completed according to the following schedule: (a) The first annual progress report shall be prepared not later than thirteen months after completing the notification of intent to comply with the alternative closure requirements required by paragraph (C)(1) of this rule. (b) The second annual progress report shall be prepared not later than twelve months after completing the first annual progress report. Subsequent annual progress reports shall be prepared within twelve months of completing the previous annual progress report. (c) The owner or operator has completed the progress reports specified in paragraph (C)(2) of this rule when the reports are placed in the facility's operating record as required by paragraph (I)(8) of rule 3745-525-50 of the Administrative Code. (3) An owner or operator of a CCR landfill shall also prepare the notification of intent to close a CCR landfill as required by paragraph (G) of rule 3745-525-720 of the Administrative Code. (D) CCR landfill recordkeeping. The owner or operator of the CCR landfill shall comply with the recordkeeping requirements specified in paragraph (I) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (I) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (I) of rule 3745-525-70 of the Administrative Code. (E) [Reserved.] (F) Site-specific alternative deadlines to initiate closure of CCR surface impoundments. Notwithstanding the provisions of paragraphs (A) and (B)(1) of rule 3745-525-710 of the Administrative Code, a CCR surface impoundment may continue to receive the waste specified in paragraph (F)(1) or (F)(2) of this rule, provided the owner or operator submits a demonstration that the criteria in either paragraph (F)(1) or (F)(2) of this rule have been met. The demonstration shall be submitted to the administrator no later than the relevant deadline in paragraph (F)(3) of this rule. The administrator will act on the submission in accordance with the procedures in paragraph (F)(3) of this rule. (1) Development of alternative capacity is technically infeasible. Notwithstanding the provisions of paragraphs (A) and (B)(1) of rule 3745-525-710 of the Administrative Code, a CCR surface impoundment may continue to receive the waste specified in paragraph (F)(1)(b)(i) or (F)(1)(b)(ii) of this rule, provided the owner or operator demonstrates the waste stream shall continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to provide alternative disposal capacity on or off-site of the facility by April 11, 2021. To obtain approval under this paragraph all of the following criteria shall be met: (a) No alternative disposal capacity is available on or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this rule. (b) (i) For units closing pursuant to paragraphs (A) and (B)(1) of rule 3745-525-710 of the Administrative Code, CCR and non-CCR waste streams shall continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to obtain alternative disposal capacity either on or off-site of the facility by April 11, 2021. (ii) For units closing pursuant to paragraph (B)(1)(b) of rule 3745-525-710 of the Administrative Code, CCR shall continue to be managed in that CCR surface impoundment because it was technically infeasible to complete the measures necessary to obtain alternative disposal capacity either on or off-site of the facility by April 11, 2021. (c) The facility is in compliance with all of the requirements of this chapter. (d) The owner or operator of the CCR surface impoundment shall submit documentation that the criteria in paragraphs (F)(1)(a) to (F)(1)(c) of this rule have been met by submitting to the administrator all of the following: (i) To demonstrate that the criteria in paragraphs (F)(1)(a) and (F)(1)(b) of this rule have been met the owner or operator shall submit a workplan that contains all of the following elements: (a) A written narrative discussing the options considered both on and off-site to obtain alternative capacity for each CCR and non-CCR waste streams, the technical infeasibility of obtaining alternative capacity prior to April 11, 2021, and the option selected and justification for the alternative capacity selected. The narrative shall also include all of the following: (i) An in-depth analysis of the site and any site-specific conditions that led to the decision to select the alternative capacity being developed. (ii) An analysis of the adverse impact to plant operations if the CCR surface impoundment in question were to no longer be available for use. (iii) A detailed explanation and justification for the amount of time being requested and how it is the fastest technically feasible time to complete the development of the alternative capacity. (b) A detailed schedule of the fastest technically feasible time to complete the measures necessary for alternative capacity to be available including a visual timeline representation. The visual timeline shall clearly show all of the following: (i) How each phase and the steps within that phase interact with or are dependent on each other and the other phases. (ii) All of the steps and phases that can be completed concurrently. (iii) The total time needed to obtain the alternative capacity and how long each phase and step within each phase will take. (iv) At a minimum, the following phases, engineering and design, contractor selection, equipment fabrication and delivery, construction, and start up and implementation. (c) A narrative discussion of the schedule and visual timeline representation, which shall discuss all of the following: (i) Why the length of time for each phase and step is needed and a discussion of the tasks that occur during the specific step. (ii) Why each phase and step shown on the chart shall happen in the order it is occurring. (iii) The tasks that occur during each of the steps within the phase. (iv) Anticipated worker schedules. (d) A narrative discussion of the progress the owner or operator has made to obtain alternative capacity for the CCR and non-CCR waste streams. The narrative shall discuss all the steps taken, starting from when the owner or operator initiated the design phase up to the steps occurring when the demonstration is being compiled. The narrative shall discuss where the facility currently is on the timeline and the efforts that are currently being undertaken to develop alternative capacity. (ii) To demonstrate that the criteria in paragraph (F)(1)(c) of this rule have been met, the owner or operator shall submit all of the following: (a) A certification signed by the owner or operator that the facility is in compliance with all of the requirements of this chapter. (b) Visual representation of hydrogeologic information at and around the CCR unit that supports the design, construction and installation of the groundwater monitoring system. This includes all of the following: (i) Map of groundwater monitoring well locations in relation to the CCR unit. (ii) Well construction diagrams and drilling logs for all groundwater monitoring wells. (iii) Maps that characterize the direction of groundwater flow accounting for seasonal variations. (c) Constituent concentrations, summarized in table form, at each groundwater monitoring well monitored during each sampling event. (d) A description of site hydrogeology including stratigraphic cross-sections. (e) Any corrective measures assessment conducted as required by rule 3745-525-950 of the Administrative Code. (f) Any progress reports on corrective action remedy selection and design and the report of final remedy selection required by paragraph (A) of rule 3745-525-960 of the Administrative Code. (g) The most recent structural stability assessment required by paragraph (D) of rule 3745-525-204 of the Administrative Code. (h) The most recent safety factor assessment required by paragraph (E) of rule 3745-525-204 of the Administrative Code. (e) As soon as alternative capacity for any CCR or non-CCR waste stream is available, the CCR surface impoundment shall cease receiving that CCR or non-CCR waste stream. Once the CCR surface impoundment ceases receipt of all CCR and non-CCR waste streams, the CCR surface impoundment shall initiate closure following the timeframes in paragraphs (E) and (F) of rule 3745-525-720 of the Administrative Code. (f) Maximum timeframes. All CCR surface impoundments covered by paragraph (F)(1) of this rule shall cease receiving waste by the deadlines specified in paragraphs (F)(1)(f)(i) and (F)(1)(f)(ii) of this rule and close in accordance with the timeframes in paragraphs (E) and (F) of rule 3745-525-720 of the Administrative Code. (i) Except as provided by paragraph (F)(1)(f)(ii) of this rule, not later than October 15, 2023. (ii) An eligible unlined CCR surface impoundment shall cease receiving CCR or non-CCR waste streams not later than October 15, 2024. In order to continue to operate until October 15, 2024, the owner or operator shall demonstrate that the unit meets the definition of an eligible unlined CCR surface impoundment. (g) An owner or operator may seek additional time beyond the time granted in the initial approval by making the showing in paragraphs (F)(1)(a) to (F)(1)(d) of this rule, provided that no facility may be granted time to operate the impoundment beyond the maximum allowable timeframes provided in paragraph (F)(1)(f) of this rule. (h) The owner or operator at all times bears responsibility for demonstrating qualification under this rule. Failure to remain in compliance with any of the requirements of this chapter will result in the automatic loss of authorization under this rule. (i) The owner or operator shall do the following: (i) Upon submission of the demonstration to the adminstrator, prepare and place in the facility's operating record a notification that it has submitted the demonstration, along with a copy of the demonstration. (ii) Upon receipt of a decision pursuant to paragraph (F)(3) of this rule, shall prepare and place in the facility's operating record a copy of the decision. (iii) If an extension of an approved deadline pursuant to paragraph (F)(1)(g) of this rule has been requested, place a copy of the request submitted to the administrator in the facility's operating record. (j) The owner or operator shall prepare semi-annual progress reports. The semi-annual progress reports shall contain all of the following elements: (i) Discussion of the progress made to date in obtaining alternative capacity, including the following: (a) Discussion of the current stage of obtaining the capacity in reference to the timeline required under paragraph (F)(1)(d)(i) of this rule. (b) Discussion of whether the owner or operator is on schedule for obtaining alternative capacity. (c) If the owner or operator is not on or ahead of schedule for obtaining alternative capacity, the following shall be included: (i) Discussion of any problems encountered, and a description of the actions taken or planned to resolve the problems and get back on schedule. (ii) Discussion of the goals for the next six months and major milestones to be achieved for obtaining alternative capacity. (ii) Discussion of any planned operational changes at the facility. (k) The progress reports shall be completed according to the following schedule: (i) The semi-annual progress reports shall be prepared not later than April thirtieth and October thirty-first of each year for the duration of the alternative cease receipt of waste deadline. (ii) The first semi-annual progress report shall be prepared by whichever date, April thirtieth or October thirty-first, is soonest after receiving approval from the administrator. (iii) The owner or operator has completed the progress reports specified in paragraph (F)(1)(j) of this rule when the reports have been placed in the facility's operating record as required by paragraph (I)(14) of rule 3745-525-50 of the Administrative Code. (l) The owner or operator shall prepare the notification of intent to close a CCR surface impoundment as required by paragraph (G) of rule 3745-525-720 of the Administrative Code. (m) The owner or operator shall comply with the recordkeeping requirements specified in paragraph (I) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (I) of rule 3745-525-60 of the Administrative Code, and the internet posting requirements in paragraph (I) of rule 3745-525-70 of the Administrative Code. (2) Permanent cessation of a coal-fired boiler by a date certain. Notwithstanding the provisions of paragraphs (A) and (B)(1) of rule 3745-525-710 of the Administrative Code, a CCR surface impoundment may continue to receive CCR or non-CCR waste streams if the facility will cease operation of the coal-fired boiler and complete closure of the impoundment within the timeframes specified in paragraph (F)(2)(d) of this rule, but in the interim period (prior to closure of the coal-fired boiler), the facility shall continue to use the CCR surface impoundment due to the absence of alternative disposal capacity both on and off-site of the facility. To qualify under this paragraph all of the following criteria shall be met: (a) No alternative disposal capacity is available on or off-site. An increase in costs or the inconvenience of existing capacity is not sufficient to support qualification under this rule. (b) Potential risks to human health and the environment from the continued operation of the CCR surface impoundment have been adequately mitigated. (c) The facility is in compliance with all other requirements of this chapter, including the requirement to conduct any necessary corrective action. (d) The coal-fired boiler shall cease operation and closure of the impoundment shall be completed within the following timeframes: (i) For a CCR surface impoundment that is forty acres or smaller, the coal-fired boiler shall cease operation and the CCR surface impoundment shall complete closure not later than October 17, 2023. (ii) For a CCR surface impoundment that is larger than forty acres, the coal-fired boiler shall cease operation, and the CCR surface impoundment shall complete closure not later than October 17, 2028. (e) The owner or operator of the CCR surface impoundment shall submit the following documentation that the criteria in paragraphs (F)(2)(a) to (F)(2)(d) of this rule have been met as specified in paragraphs (F)(2)(e)(i) to (F)(2)(e)(iv) of this rule. (i) To demonstrate that the criteria in paragraph (F)(2)(a) of this rule have been met the owner or operator shall submit a narrative that explains the options considered to obtain alternative capacity for CCR and non-CCR waste streams both on and off-site. (ii) To demonstrate that the criteria in paragraph (F)(2)(b) of this rule have been met the owner or operator shall submit a risk mitigation plan describing the measures that will be taken to expedite any required corrective action, and that contains all of the following elements: (a) A discussion of any physical or chemical measures a facility can take to limit any future releases to groundwater during operation. (b) A discussion of the surface impoundment's groundwater monitoring data and any found exceedances; the delineation of the plume (if necessary based on the groundwater monitoring data); identification of any nearby receptors that might be exposed to current or future groundwater contamination; and how such exposures could be promptly mitigated. (c) A plan to expedite and maintain the containment of any contaminant plume that is either present or identified during continued operation of the unit. (iii) To demonstrate that the criteria in paragraph (F)(2)(c) of this rule have been met, the owner or operator shall submit all of the following: (a) A certification signed by the owner or operator that the facility is in compliance with all of the requirements of this chapter. (b) Visual representation of hydrogeologic information at and around the CCR unit that supports the design, construction and installation of the groundwater monitoring system. This includes all of the following: (i) Map of groundwater monitoring well locations in relation to the CCR unit. (ii) Well construction diagrams and drilling logs for all groundwater monitoring wells. (iii) Maps that characterize the direction of groundwater flow accounting for seasonal variations. (c) Constituent concentrations, summarized in table form, at each groundwater monitoring well monitored during each sampling event. (d) Description of site hydrogeology including stratigraphic cross-sections. (e) Any corrective measures assessment required by rule 3745-525-950 of the Administrative Code. (f) Any progress reports on remedy selection and design and the report of final remedy selection required by paragraph (A) of rule 3745-525-960 of the Administrative Code. (g) The most recent structural stability assessment required by paragraph (D) of rule 3745-525-204 of the Administrative Code. (h) The most recent safety factor assessment required by paragraph (E) of rule 3745-525-204 of the Administrative Code. (iv) To demonstrate that the criteria in paragraph (F)(2)(d) of this rule have been met, the owner or operator shall submit the closure plan required by paragraph (B) of rule 3745-525-720 of the Administrative Code and a narrative that specifies and justifies the date by which the owner or operator intends to cease receipt of waste into the unit in order to meet the closure deadlines. (f) The owner or operator at all times bears responsibility for demonstrating qualification for authorization under this rule. Failure to remain in compliance with any of the requirements of this chapter will result in the automatic loss of authorization under this rule. (g) The owner or operator shall comply with the recordkeeping requirements specified in paragraph (I) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (I) of rule 3745-525-60 of the Administrative Code, and the internet posting requirements in paragraph (I) of rule 3745-525-70 of the Administrative Code. (h) Upon submission of the demonstration to the administrator the owner or operator shall prepare and place in the facility's operating record and on its publicly accessible CCR internet site a notification that it has submitted a demonstration along with a copy of the demonstration. (i) Upon receipt of a decision pursuant to paragraph (F)(3) of this rule, the owner or operator shall place a copy of the decision in the facility's operating record and on the facility's publicly accessible CCR internet site. (j) The owner or operator shall prepare an annual progress report documenting the continued lack of alternative capacity and the progress towards the closure of the CCR surface impoundment. The owner or operator has completed the progress report when the report has been placed in the facility's operating record as required by paragraph (I)(17) of rule 3745-525-50 of the Administrative Code. (3) Process to obtain authorization. (a) Deadlines for submission. (i) Except as provided by paragraphs (D)(2)(c)(v) and (D)(2)(h) of rule 3745-525-202 of the Administrative Code, the owner or operator shall submit the demonstration required under paragraph (F)(1)(d) of this rule, for an alternative deadline to cease receipt of waste pursuant to paragraph (F)(1) of this rule, to the administrator for approval not later than November 30, 2020. (ii) An owner or operator may seek additional time beyond the time granted in the initial approval, in accordance with paragraph (F)(1)(g) of this rule, by submitting a new demonstration, as required under paragraph (F)(1)(d) of this rule, to the administrator for approval, not later than fourteen days from determining that the cease receipt of waste deadline will not be met. (iii) Except as provided by paragraphs (D)(2)(c)(v) and (D)(2)(h) of rule 3745-525-202 of the Administrative Code, the owner or operator shall submit the demonstration required under paragraph (F)(2)(e) of this rule to the administrator for approval not later than November 30, 2020. (b) The United States environmental protection agency will evaluate the demonstration and may request additional information to complete its review. Submission of a complete demonstration will toll the facility's deadline to cease receipt of waste until issuance of a decision under paragraph (F)(3)(d) of this rule. Incomplete submissions will not toll the facility's deadline and will be rejected without further process. All decisions issued under this paragraph or paragraph (F)(3)(d) of this rule will contain the facility's deadline to cease receipt of waste. (c) The United States environmental protection agency will publish its proposed decision on a complete demonstration in a docket on www.regulations.gov for a fifteen-day comment period. If the demonstration is particularly complex, the United States environmental protection agency will provide a comment period of twenty to thirty days. (d) After consideration of the comments, the United States environmental protection agency will issue its decision on the alternative compliance deadline within four months of receiving a complete demonstration. (4) Transferring between site-specific alternatives. An owner or operator authorized to continue operating a CCR surface impoundment under this rule may at any time request authorization to continue operating the impoundment pursuant to paragraph (F) of this rule, by submitting the information in paragraph (F)(4)(a) or (F)(4)(b) of this rule. (a) Transfer from paragraphs (F)(1) to (F)(2) of this rule. The owner or operator of a surface impoundment authorized to operate pursuant to paragraph (F)(1) of this rule may request authorization to instead operate the surface impoundment in accordance with the requirements of paragraph (F)(2) of this rule, by submitting a new demonstration that meets the requirements of paragraph (F)(2)(e) of this rule to the administrator. The United States environmental protection agency will approve the request only upon determining that the criteria at paragraphs (F)(2)(a) to (F)(2)(d) of this rule have been met. (b) Transfer from paragraphs (F)(2) to (F)(1) of this rule. The owner or operator of a surface impoundment authorized to operate pursuant to paragraph (F)(2) of this rule may request authorization to instead operate the surface impoundment in accordance with the requirements of paragraph (F)(1) of this rule, by submitting a new demonstration that meets the requirements of paragraph (F)(1)(d) of this rule to the administrator. The United States environmental protection agency will approve the request only upon determining that the criteria at paragraphs (F)(1)(a) to (F)(1)(c) and (F)(1)(g) of this rule have been met. (c) The procedures in paragraph (F)(3) of this rule will apply to all requests for transfer under this paragraph.
Last updated October 1, 2026 at 11:01 AM
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Rule 3745-525-750 | Post-closure care requirements, 40 C.F.R. 257.104.
Effective:
October 1, 2026
(A) Applicability. (1) Except as provided by paragraph (A)(2) of this rule, rule 3745-525-750 of the Administrative Code applies to the owners or operators of CCR units that are subject to the closure criteria under rule 3745-525-720 of the Administrative Code. (2) An owner or operator of a CCR unit that elects to close a CCR unit by removing CCR as provided by paragraph (C)(1) of rule 3745-525-720 of the Administrative Code is not subject to the post-closure care criteria under this rule. (B) Post-closure care maintenance requirements. Following closure of the CCR unit, the owner or operator shall conduct post-closure care for the CCR unit, which shall consist of at least the following: (1) Maintaining the integrity and effectiveness of the final cover system, including making repairs to the final cover as necessary to correct the effects of settlement, subsidence, erosion, or other events, and preventing run-on and run-off from eroding or otherwise damaging the final cover. (2) If the CCR unit is subject to the design criteria under rule 3745-525-201 of the Administrative Code, maintaining the integrity and effectiveness of the leachate collection and removal system and operating the leachate collection and removal system in accordance with the requirements of rule 3745-525-201 of the Administrative Code. (3) Maintaining the groundwater monitoring system and monitoring the groundwater in accordance with the requirements of rules 3745-525-900 to 3745-525-970 of the Administrative Code. (C) Post-closure care period. (1) Except as provided by paragraphs (C)(2) and (C)(3) of this rule, the owner or operator of the CCR unit shall conduct post-closure care for thirty years. (2) If at the end of the post-closure care period the owner or operator of the CCR unit is operating under assessment monitoring in accordance with rule 3745-525-940 of the Administrative Code, the owner or operator shall continue to conduct post-closure care until the owner or operator returns to detection monitoring in accordance with rule 3745-525-940 of the Administrative Code. (3) An owner or operator closing a unit pursuant to paragraph (C)(2) of rule 3745-525-720 of the Administrative Code shall complete groundwater corrective action in accordance with paragraph (C) of rule 3735-525-970 of the Administrative Code. (D) Written post-closure plan. (1) Content of the plan. The owner or operator of a CCR unit shall prepare a written post-closure plan that includes, at a minimum, the information specified in paragraphs (D)(1)(a) to (D)(1)(c) of this rule. (a) A description of the monitoring and maintenance activities required in paragraph (B) of this rule for the CCR unit, and the frequency at which these activities will be performed. (b) The name, address, telephone number, and email address of the person or office to contact about the facility during the post-closure care period. (c) A description of the planned uses of the property during the post-closure period. Post-closure use of the property shall not disturb the integrity of the final cover, liner, or any other component of the containment system, or the function of the monitoring systems unless necessary to comply with the requirements in this chapter. Any other disturbance is allowed if the owner or operator of the CCR unit demonstrates that disturbance of the final cover, liner, or other component of the containment system, including any removal of CCR, will not increase the potential threat to human health or the environment. The demonstration shall be certified by a qualified professional engineer, and notification shall be provided to the director that the demonstration has been placed in the operating record and on the owners or operator's publicly accessible internet site. (2) Deadline to prepare the initial written post-closure plan. (a) Existing CCR landfills and existing CCR surface impoundments. Not later than October 17, 2016, the owner or operator of the CCR unit shall prepare an initial written post-closure plan consistent with the requirements specified in paragraph (D)(1) of this rule. (b) New CCR landfills, new CCR surface impoundments, and any lateral expansion of a CCR unit. Not later than the date of the initial receipt of CCR in the CCR unit, the owner or operator shall prepare an initial written post-closure plan consistent with the requirements specified in paragraph (D)(1) of this rule. (c) Recordkeeping. The owner or operator has completed the written post-closure plan when the plan, including the certification required by paragraph (D)(4) of this rule, has been placed in the facility's operating record as required by paragraph (I)(9) of rule 3745-525-50 of the Administrative Code. (3) Amendment of a written post-closure plan. (a) The owner or operator may amend the initial or any subsequent written post-closure plan developed pursuant to paragraph (D)(1) of this rule at any time. (b) The owner or operator shall amend the written closure plan whenever the following occur: (i) There is a change in the operation of the CCR unit that would substantially affect the written post-closure plan in effect. (ii) After post-closure activities have commenced, unanticipated events necessitate a revision of the written post-closure plan. (c) The owner or operator shall amend the written post-closure plan at least sixty days prior to a planned change in the operation of the facility or CCR unit, or not later than sixty days after an unanticipated event requires the need to revise an existing written post-closure plan. If a written post-closure plan is revised after post-closure activities have commenced for a CCR unit, the owner or operator shall amend the written post-closure plan not later than thirty days following the triggering event. (4) The owner or operator of the CCR unit shall obtain a written certification from a qualified professional engineer that the initial and any amendment of the written post-closure plan meets the requirements of this rule. (E) Notification of completion of post-closure care period. Not later than sixty days following the completion of the post-closure care period, the owner or operator of the CCR unit shall prepare a notification verifying that post-closure care has been completed. The notification shall include the certification by a qualified professional engineer verifying that post-closure care has been completed in accordance with the closure plan specified in paragraph (D) of this rule and the requirements of this rule. The owner or operator has completed the notification when it has been placed in the facility's operating record as required by paragraph (I)(10) of rule 3745-525-50 of the Administrative Code. (F) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (I) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (I) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (I) of rule 3745-525-70 of the Administrative Code. (G) Removal of a deed notation. The owner or operator of a CCR unit closed pursuant to paragraph (C)(2) of rule 3745-525-720 of the Administrative Code and this rule may remove the notation from the deed specified in paragraph (I) of rule 3745-525-720 of the Administrative Code upon the following: (1) Completion of groundwater corrective action demonstrating that any areas affected by releases from the CCR unit do not exceed the groundwater protection standards established pursuant to paragraph (H) of rule 3745-525-940 of the Administrative Code for constituents listed in appendix B to rule 3745-525-900 of the Administrative Code. (2) Completion of the notification of completion of post-closure care period required by paragraph (E) of this rule.
Last updated October 1, 2026 at 11:01 AM
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Rule 3745-525-800 | Financial assurance for new and existing active CCR landfill closure and for post-closure care.
Effective:
October 1, 2026
(A) Applicability and implementation. This rule is applicable to a CCR landfill that has or will dispose of flue gas desulfurization material. The owner or operator shall do the following: (1) Submit to Ohio EPA a closure and post-closure care financial assurance instrument in accrodance with this rule. (2) Execute and fund the closure financial assurance instrument not later than sixty days after approval of the permit to install and operate. (3) Execute and fund the post-closure care financial assurance instrument not later than sixty days after approval of the permit to install and operate. (B) Closure financial assurance instrument. (1) The closure financial assurance instrument for a CCR unit shall contain an itemized written estimate, in current dollars, of the cost of closure. The initial estimate is provided in the application for the permit to install and operate. The closure cost estimate shall be based on a third party conducting the closure activities and the following: (a) The cost of closure at the point in the operating life of the CCR unit when the extent and manner of the CCR unit's operation would make the closure the most expensive. (b) To address multi-year closure activities at the CCR unit, the cost of the following for each fifty-acre increment: (i) Mobilization. (ii) Demobilization. (iii) Operation and maintenance activities including but not limited to monitoring, maintenance of engineered components, and leachate disposal. (2) Ohio EPA may review, approve, or require revisions to the closure cost estimate or to the closure financial assurance instrument. (C) Post-closure care financial assurance instrument. The post-closure care financial assurance instrument shall contain an itemized written estimate, in current dollars, of the cost of post-closure care. The initial estimate is provided in the application for the permit to install and operate. The estimate shall be based on a third party conducting the post-closure care activities. Ohio EPA may review, approve, or require revisions to the post-closure care cost estimate or to the post-closure care financial assurance instrument. (D) Review of closure financial assurance instruments and post-closure care financial assurance instruments. The owner or operator shall review the closure cost estimate and post-closure care cost estimate as follows and submit the most recently adjusted cost estimate and financial assurance instrument to the director by certified mail or any other form of mail accompanied by a receipt: (1) Annually review and analyze the closure cost estimate and the post-closure care cost estimate. (2) If a change occurs that increases the cost of closure or post-closure care, revise the cost estimate to account for the increase. (3) Annually adjust the cost estimate for inflation 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. The inflation adjustment shall be calculated as follows: (a) For the first adjustment, by multiplying the cost estimate by the inflation factor. The result is the adjusted cost estimate. (b) For subsequent adjustments, by multiplying the most recently adjusted cost estimate by the most recent inflation factor. (E) The owner or operator shall select a financial assurance mechanism from the list of mechanisms specified in paragraphs (F) to (L) of this rule, except as otherwise specified by this rule, provided the owner or operator satisfies the criteria for use of that mechanism. (F) Trust fund for closure or post-closure care. (1) The owner or operator may satisfy the requirements of this rule by establishing a trust fund that conforms to this paragraph and by sending an originally signed duplicate of the trust agreement to the director within the time period outlined in paragraph (A) of this rule. 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 3745-525-810 of the Administrative Code on forms prescribed by the director and be accompanied by a formal certification of acknowledgment. "Schedule A" of the trust agreement shall be updated not later than sixty days after a change in the amount of the current closure cost estimate and the amount of the post-closure care cost estimate provided for in the agreement. (3) A trust fund shall be established to secure an amount at least equal to the current cost estimate, except as provided in paragraph (M) of this rule. (4) If the owner or operator establishes a trust fund after having begun funding closure and post-closure care under any mechanism specified in this rule, the trust fund shall be established by depositing the total value of all prior mechanisms into the newly established trust fund. (5) If the current cost estimate changes, the owner or operator shall compare the revised estimate to the trustee's most recent annual valuation of the trust fund. If the value of the trust fund is less than the amount of the revised estimate, the owner or operator shall, not later than sixty days after the change in the cost estimate, either deposit a sufficient amount into the trust fund so that the value after payment at least equals the amount of the current cost estimate, or obtain alternative financial assurance as specified in this rule to compensate for the difference. (6) The director shall instruct the trustee to release to the owner or operator such funds as the director specifies in writing after receiving one of the following requests from the owner or operator: (a) Release of the amount in excess of the current cost estimate, if the value of the trust fund is greater than the total amount of the current cost estimate. (b) Release of the amount in the trust fund that exceeds the amount required as a result of such substitution, if the owner or operator substitutes any of the alternative financial assurance mechanisms specified in this rule for all or part of the trust fund. (7) Reimbursement for closure and post-closure care. After beginning closure or post-closure care the owner or operator, or any other person authorized by the owner, operator, or director to perform closure or post-closure care, may request reimbursement for expenditures by submitting itemized bills to the director. After receiving itemized bills for closure or post-closure care activities, the director shall determine whether the expenditures are in accordance with the closure plan and post-closure care plan, permit requirements, or applicable rules, or are otherwise justified, and if so, shall instruct the trustee to make reimbursement in such amounts as the director specifies in writing. If the director determines that the cost of closure or post-closure care will be greater than the value of the trust fund, the director may withhold reimbursement of such amounts as the director deems prudent until the director determines, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to maintain financial assurance for closure or post-closure care of the CCR unit. (8) The director may agree to termination of the trust when one of the following occurs: (a) The owner or operator substitutes alternative financial assurance as specified in this rule. (b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required by this rule to maintain financial assurance for the CCR unit. (G) Surety bond guaranteeing payment into a trust fund. (1) The owner or operator may satisfy the requirements of this rule by obtaining a surety bond that conforms to the requirements of this paragraph and by delivering the originally signed bond to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraph (A) of this rule. 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 3745-525-810 of the Administrative Code on forms prescribed by the director. (3) The owner or operator who uses a surety bond to satisfy this rule shall also establish a standby trust fund not later than when the bond is obtained. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund shall meet paragraph (F) of this rule, except as follows: (a) An originally signed duplicate of the trust agreement shall be delivered to the director with the surety bond. (b) Until the standby trust fund is funded, pursuant to the requirements of this rule, the following are not required: (i) Payments into the trust fund as specified in paragraph (F) of this rule. (ii) Revisions of "Schedule A" of the trust agreement to show the current cost estimates. (iii) Annual valuations as required by the trust agreement. (iv) Notices of nonpayment as required by the trust agreement. (4) The bond shall guarantee that the surety will become liable on the bond obligation unless the owner or operator does one of the following: (a) Funds the standby trust fund in an amount equal to the penal sum of the bond before the beginning of closure of the CCR unit. (b) Funds the standby trust fund in an amount equal to the penal sum not later than fifteen days after closure is triggered in accordance with the closure plan and post-closure care plan, permit, or applicable rules. (c) Not later than ninety days after both the owner or operator and the director receive notice of cancellation of the bond from the surety, provides alternative financial assurance as specified in this rule and obtains the director's written approval of the alternative financial assurance provided. (5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. (6) The penal sum of the bond shall be in an amount at least equal to the current cost estimates except as provided in paragraph (M) of this rule. (7) Whenever the current cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator shall, not later than sixty days after the increase in the estimate, either cause the penal sum of the bond to be increased to an amount at least equal to the current cost estimate and submit evidence of such increase to the director, or obtain alternative financial assurance, as specified in this rule, to compensate for the increase. Whenever the current cost estimate decreases, the penal sum may be reduced to the amount of the current cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the penal sum shall be sent to the director not later than sixty days after the change. (8) Under the terms of the bond, the bond shall remain in force unless the surety sends written notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty-day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation, as evidenced by the return receipts. (9) The owner or operator may cancel the bond if the director has given prior written consent. The director shall provide such written consent to the surety bond company when one of the following occurs: (a) The owner or operator substitutes alternative financial assurance for the CCR unit as specified in this rule. (b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to maintain financial assurance for closure of the CCR unit. (H) Surety bond guaranteeing performance of closure or post-closure care. (1) The owner or operator may satisfy the requirements of this rule by obtaining a surety bond which conforms to the requirements of this paragraph and by delivering the originally signed bond to the director within the time period outlined in paragraph (B) of this rule. 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 (C) of rule 3745-525-810 of the Administrative Code on forms prescribed by the director. (3) The owner or operator who uses a surety bond to satisfy the requirements of this rule shall also establish a standby trust fund. Under the terms of the surety bond, all payments made thereunder will be deposited by the surety directly into the standby trust fund in accordance with instructions from the director. This standby trust fund shall meet paragraph (F) of this rule except as follows: (a) An originally signed duplicate of the trust agreement shall be delivered to the director with the surety bond. (b) Unless the standby trust fund is funded pursuant to this rule, the following are not required: (i) Payments into the trust fund as specified in paragraph (F) of this rule. (ii) Revisions of "Schedule A" of the trust agreement to show the current cost estimate. (iii) Annual valuations as required by the trust agreement. (iv) Notices of nonpayment as required by the trust agreement. (4) The bond shall guarantee that the surety will become liable on the bond obligation unless the owner or operator does one of the following: (a) Performs closure or post-closure care in accordance with the closure plan and post-closure care plan, permit, or applicable rules. (b) Not later than ninety days after both the owner or operator and the director receive notice of cancellation of the bond from the surety, provides alternative financial assurance as specified in this rule and obtains the director's written approval of the alternative financial assurance provide. (5) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the director that the owner or operator of the CCR unit has failed to perform closure or post-closure care activities in accordance with the closure plan and post-closure care plan, permit requirements, or applicable rules, the surety shall perform closure or post-closure care in accordance with the closure plan and post-closure care plan, permit requirements, and applicable rules, or will deposit the amount of the penal sum into the standby trust fund. (6) The penal sum of the bond shall be in an amount at least equal to the current cost estimates. (7) Whenever the current cost estimate increases to an amount greater than the penal sum of the bond, the owner or operator shall, not later than sixty days after the increase in the estimate, either cause the penal sum of the bond to be increased to an amount at least equal to the current cost estimate and submit evidence of such increase to the director, or obtain alternative financial assurance, as specified in this rule, to compensate for the increase. Whenever the current cost estimate decreases, the penal sum may be reduced to the amount of the current cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the penal sum shall be sent to the director by certified mail or any other form of mail accompanied by a receipt not later than sixty days after the change. (8) Under the terms of the bond, the bond shall remain in force unless the surety sends written notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation cannot occur, however, during the one hundred twenty-day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation as evidenced by the return receipts. (9) The owner or operator may cancel the bond if the director has given prior written consent. The director shall provide such written consent to the surety bond company when one of the following occurs: (a) The owner or operator substitutes alternative financial assurance for the CCR unit as specified in this rule. (b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required by this rule to maintain financial assurance for the CCR unit. (10) The surety shall not be liable for deficiencies in the completion of closure or post-closure care of the CCR unit by the owner or operator after the owner or operator has been notified by the director, in accordance with this rule, that the owner or operator is no longer required to maintain financial assurance for closure or post-closure care of the CCR unit. (I) Letter of credit for closure or post-closure care. (1) The owner or operator may satisfy the requirements of this rule by obtaining an irrevocable standby letter of credit ("letter of credit") which conforms to the requirements of this paragraph and by having the originally signed letter of credit delivered to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraph (B) of this rule. The issuing institution shall be an entity which 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 3745-525-810 of the Administrative Code on forms prescribed by the director. (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. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the director shall be deposited promptly and directly by the issuing institution into the standby trust fund in accordance with instructions from the director. The standby trust fund shall meet the requirements of the trust fund specified in paragraph (F) of this rule, except as follows: (a) An originally signed duplicate of the trust agreement shall be delivered to the director with the letter of credit. (b) Unless the standby trust fund is funded pursuant to this rule, the following are not required: (i) Payments into the trust fund as specified in paragraph (F) of this rule. (ii) Updating of "Schedule A" of the trust agreement to show current cost estimates. (iii) Annual valuations as required by the trust agreement. (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: (a) The names and addresses of the CCR unit, owner, and operator. (b) The amount of funds assured for closure and post-closure care of the CCR unit 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 will 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 both the owner and operator and the director 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 both the owner or operator and the director have received the notice, as evidenced by the return receipts. (6) The letter of credit shall be issued in an amount at least equal to the current cost estimates, except as provided in paragraph (M) of this rule. (7) Whenever the current cost estimate increases to an amount greater than the amount of the credit, the owner or operator shall, not later than sixty days after the increase, either cause the amount of the credit to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the director, or obtain alternative financial assurance, as specified in this rule, to compensate for the increase. Whenever the current closure cost estimate decreases, the letter of credit may be reduced to the amount of the current closure cost estimate following written approval by the director. Notice of an increase or a proposed decrease in the amount of the letter of credit shall be sent to the director by certified mail or any other form of mail accompanied by a receipt not later than sixty days after the change. (8) Under the terms of the letter of credit, the director may draw on the letter of credit following a determination that the owner or operator has failed to do the following: (a) Perform closure or post-closure care in accordance with the closure plan and post-closure care plan, permit requirements, or applicable rules. (b) Provide alternative financial assurance as specified in this rule and obtain written approval of such alternative financial assurance from the director not later than ninety days after the owner and operator and the director have received notice from the issuing institution that it will not extend the letter of credit beyond the current expiration date. The director shall draw on the letter of credit and may delay the drawing if the issuing institution grants an extension of the term of the credit. During the thirty days of any such extension the director 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. (9) The director shall return the original letter of credit to the issuing institution for termination when either of the following occur: (a) The owner or operator substitutes alternative financial assurance for the CCR unit as specified in this rule. (b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to maintain financial assurance for the CCR unit. (J) Insurance for closure or post-closure care. (1) The owner or operator may satisfy the requirements of this rule by obtaining insurance which conforms to this paragraph and by submitting an originally signed certificate of such insurance to the director by certified mail or any other form of mail accompanied by a receipt within the time period outlined in paragraph (A) of this rule. At a minimum, the insurer 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. (2) The wording of the certificate of insurance shall be identical to the wording specified in paragraph (E) of rule 3745-525-810 of the Administrative Code on forms prescribed by the director. (3) The closure insurance policy shall be issued for a face amount at least equal to the current cost estimates, except as provided in paragraph (M) of this rule. Face amount means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments. (4) The insurance policy shall guarantee that funds will be available to close the CCR unit whenever closure is mandated or shall guarantee that funds will be available for post-closure care of the CCR unit whenever the post-closure period begins. The policy shall also guarantee that once closure or post-closure care begins, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the director, to such party or parties as the director specifies. (5) Reimbursement for closure or post-closure care. The owner or operator, or any other person authorized by the owner, operator, or director to perform closure or post-closure care, may request reimbursement for expenditures by submitting itemized bills to the director. After receiving itemized bills for closure or post-closure care activities, the director shall determine whether the expenditures are in accordance with the closure plan and post-closure care plan, permit requirements, or applicable rules, or are otherwise justified, and if so, shall instruct the insurer to make reimbursement in such amounts as the director specifies in writing. If the director has reason to believe that the cost of closure and post-closure care will be greater than the face amount of the policy, the director may withhold reimbursement of such amounts as the director deems prudent until the director determines, in accordance with paragraph (O) of this rule, that the owner or operator is no longer required to maintain financial assurance for closure of the CCR unit. (6) The owner or operator shall maintain the policy in full force and effect until the director consents to termination of the policy by the owner or operator as specified in paragraph (J)(10) 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 deems necessary. Such violation shall be deemed to begin upon receipt by the director of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration. (7) 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. (8) The policy shall provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. At a minimum, the automatic renewal of the policy shall 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 notice by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation, termination, or failure to renew may not occur however, during the one hundred twenty day period beginning on the first day that both the owner or operator and the director have received the notice of cancellation, as evidenced by the return receipts and the policy will remain in full force and effect, if the following occurs on or before the date of expiration: (a) Any activities required by the closure plan and post-closure care plan, permit requirements, or applicable rules have not been completed. (b) Closure of the facility is ordered by the director or a court of competent jurisdiction. (c) The owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (bankruptcy), U.S. Code. (d) The premium due is paid. (9) Whenever the current cost estimate increases to an amount greater than the face amount of the policy, the owner or operator shall, not later than sixty days after the increase, either cause the face amount to be increased to an amount at least equal to the current cost estimate and submit evidence of such increase to the director, or obtain alternative financial assurance as specified in this rule to compensate for the increase. Whenever the current cost estimate decreases, the face amount may be reduced to the amount of the current cost estimate following written approval by the director. (10) The director may give written consent to the owner or operator that owner or operator may terminate the insurance policy when either of the following occurs: (a) The owner or operator substitutes alternative financial assurance for the CCR unit as specified in this rule. (b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for the CCR unit. (K) Financial test and corporate guarantee for closure or post-closure care. (1) The owner or operator may satisfy this rule by demonstrating that the owner or operator passes a financial test as specified in this paragraph. To pass this test the owner or operator shall demonstrate that less than fifty per cent of the parent corporation's gross revenues are derived from CCR disposal, solid waste disposal, solid waste transfer facility operations, or scrap tire transporter operations, or if there is no parent corporation, the owner or operator shall demonstrate that less than fifty per cent of its gross revenues are derived from CCR disposal, solid waste disposal, solid waste transfer facility operations, or scrap tire transporter operations and shall satisfy either of the following: (a) The owner or operator shall have the following: (i) Satisfaction of at least two of the following ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion, and amortization minus ten million dollars to total liabilities greater than 0.1; a ratio of current assets to current liabilities greater than 1.5. (ii) Net working capital and tangible net worth each at least six times the sum of the current CCR unit closure and current post-closure care cost estimates, solid waste facility current closure and post-closure care cost estimates, scrap tire transporter closure cost estimates, any corrective measures cost estimates, and any other obligations assured by a financial test. (iii) Tangible net worth of at least ten million dollars. (iv) Assets in the United States amounting to at least ninety per cent of total assets or at least six times the sum of the current CCR unit closure and post-closure care cost estimates, solid waste facility current closure and post-closure care cost estimates, scrap tire transporter closure cost estimates, any current corrective measures cost estimates, and any other assured by a financial test. (b) The owner or operator shall have the following: (i) Issued a corporate bond for which the owner or operator, as the issuing entity, has not received a current rating of less than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Owners or operators using bonds that are secured by collateral or a guarantee shall meet the minimum rating without that security. (ii) Tangible net worth at least six times the sum of the CCR unit current closure and post-closure care cost estimates, solid waste facility current closure and post-closure care cost estimates, scrap tire transporter closure cost estimates, any corrective measures cost estimates, and any other obligations assured by a financial test. (iii) Tangible net worth of at least ten million dollars. (iv) Assets in the United States amounting to at least ninety per cent of total assets or at least six times the sum of the CCR unit current closure and post-closure care cost estimates, solid waste facility current closure and post-closure care cost estimates, scrap tire transporter closure cost estimates, any current corrective measures cost estimates, and any other obligations assured by a financial test. (2) Current CCR unit closure and post-closure care cost estimates, solid waste facility current closure and post-closure care cost estimates, scrap tire transporter closure cost estimates, any current corrective measures cost estimates, and any other obligations assured by a financial test as used in paragraph (K)(1) of this rule refers to the cost estimates required to be shown in the letter from the owner's or operator's chief financial officer. (3) To demonstrate that requirements of this test are met, the owner or operator shall submit the following items to the director: (a) A letter signed by the owner's or operator's chief financial officer and worded as specified in paragraph (F) of rule 3745-525-810 of the Administrative Code on forms prescribed by the director. (b) A copy of a report by an independent certified public accountant examining the owner's or the operator's financial statements for the most recently completed fiscal year. (c) A special report from the owner's or the operator's independent certified public accountant, in the form of an agreed-upon procedures report, to the owner or operator stating the following: (i) The independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited year-end financial statements for the most recent fiscal year with the amounts in such financial statements. (ii) In connection with the agreed-upon procedures report, the independent certified public accountant states that the independent certified public accountant agrees the specified data is accurate. (4) After the initial submission of the items specified in paragraph (K)(3) of this rule, the owner or operator shall send updated information to the director not later than ninety days after the close of each succeeding fiscal year. This information shall include all three items specified in paragraph (K)(3) of this rule. (5) If the owner or operator no longer meets paragraph (K)(1) of this rule, the owner or operator shall send a notice to the director of the intent to establish alternative financial assurance as specified in this rule. The notice shall be sent by certified mail or any other form of mail accompanied by a receipt not later than ninety days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements of paragraph (K)(1) of this rule. The owner or operator shall provide alternative financial assurance not later than one hundred twenty days after the end of such fiscal year. (6) The director may, based on a reasonable belief that the owner or operator no longer meets paragraph (K)(1) of this rule, require reports of financial condition at any time from the owner or operator in addition to those specified in paragraph (K)(3) of this rule. If the director finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of paragraph (K)(1) of this rule, the owner or operator shall provide alternative financial assurance as specified in this rule not later than thirty days after notification of such a finding. (7) The director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in the report on examination of the owner's or operator's financial statements. An adverse opinion or disclaimer of opinion will be cause for disallowance. The director shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternative financial assurance as specified in this rule not later than thirty days after notification of the disallowance. (8) The owner or operator is no longer required to submit the items specified in paragraph (K)(3) of this rule when either of the following occur: (a) The owner or operator substitutes alternative financial assurance for a CCR unit. (b) The director notifies the owner or operator, in accordance with paragraph (O) of this rule that the owner or operator is no longer required to maintain financial assurance for a CCR unit. (9) The owner or operator may meet this rule by obtaining a written guarantee, hereafter referred to as a corporate guarantee. The guarantor shall be the parent corporation of the owner or operator. The guarantor shall meet the requirements for an owner or operator in paragraphs (K)(1) to (K)(7) of this rule and shall comply with the terms of the corporate guarantee. The wording of the corporate guarantee shall be identical to the wording specified in paragraph (G) of rule 3745-525-810 of the Administrative Code on forms prescribed by the director. The corporate guarantee shall accompany the items sent to the director as specified in paragraph (K)(3) of this rule. The terms of the corporate guarantee shall provide the following: (a) The owner or operator shall perform closure and post-closure care of a CCR unit provided for by the corporate guarantee in accordance with the closure plan and post-closure care plan, permit, and applicable rules. (b) The guarantor shall perform the activities specified in paragraph (K)(9)(a) of this rule or shall establish a trust fund in the name of the owner or operator as specified in paragraph (F) of this rule if the owner or operator fails to perform the activities specified in paragraph (K)(9)(a) of this rule. (c) The corporate guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail or any other form of mail accompanied by a receipt to the owner or operator and to the director. Cancellation may not occur, however, during the one hundred twenty-day period beginning on the first day that both the owner or operator and the director have received notice of cancellation, as evidenced by the return receipts. (d) If the owner or operator fails to provide alternative financial assurance as specified in this rule or fails to obtain the written approval of such alternative financial assurance from the director not later than ninety days after both the owner or operator and the director have received notice of cancellation of the corporate guarantee from the guarantor, the guarantor shall provide such alternative financial assurance in the name of the owner or operator. (L) Local government financial test for closure or for post-closure care. (1) For the purposes of this rule, "local government" means a subdivision of the state of Ohio including but not limited to a municipal corporation, a county, a township, a single or joint county solid waste management district, or a solid waste management authority. (2) A local government may satisfy the requirements of this rule by demonstrating that the local government passes a financial test as specified in this paragraph. This test consists of a financial component, a public notice component, and a record-keeping and reporting component. In order to satisfy the financial component of the test, a local government shall meet the following criteria: (a) A local government's financial statements shall be prepared in accordance with generally accepted accounting principles for local governments available from the financial accounting standards board. (b) A local government shall not have operated at a deficit equal to five per cent or more of total annual revenue in either of the past two fiscal years. (c) A local government shall not currently be in default on any outstanding general obligation bonds. (d) A local government shall not have any outstanding general obligation bonds rated lower than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Local governments using bonds that are secured by collateral or a guarantee shall meet the minimum rating without that security. (3) A local government shall satisfy either of the following: (a) A local government shall demonstrate the following: (i) A ratio of cash plus marketable securities to total expenditures greater than or equal to 0.05. (ii) A ratio of annual debt service to total expenditures less than or equal to 0.20. (iii) A ratio of long term debt issued and outstanding to capital expenditures less than or equal to 2.00. (iv) A ratio of the current CCR unit cost estimates for closure and post-closure care, solid waste facility closure and post-closure care, corrective measures, scrap tire transporter closure, and any other obligations assured by a financial test, to total revenue less than or equal to 0.43. (b) The local government shall demonstrate the following: (i) Outstanding general obligation bonds for which the local government, as the issuing entity, has not received a current rating of less than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." Local governments using bonds that are secured by collateral or a guarantee shall meet the minimum rating without that security. (ii) A ratio of the current CCR unit cost estimates for closure and post-closure care, solid waste facility closure and post-closure care, corrective measures, scrap tire transporter closure, and any other obligations assured by a financial test, to total revenue less than or equal to 0.43. (4) In order to satisfy the public notice component of the test, a local government shall in each year that the test is used, identify the current cost estimates in either its budget or its comprehensive annual financial report. The CCR unit covered, the categories of expenditures, including CCR unit closure and post-closure care, solid waste facility closure and post-closure care, corrective measures, scrap tire transporter closure, the corresponding cost estimate for each expenditure, and the anticipated year of the required activity shall be recorded. If the financial assurance obligation is to be included in the budget, it should either be listed as an approved budgeted line item, if the obligation will arise during the budget period, or in an appropriate supplementary data section, if the obligation will not arise during the budget period. If the information is to be included in the comprehensive annual financial report, it is to be included in the financial section as a footnote to the annual financial statements. (5) To demonstrate that the local government meets the requirements of this test, the following shall be submitted to the director: (a) A letter signed by the local government's chief financial officer and worded as specified in paragraph (H) of rule 3745-525-810 of the Administrative Code on forms prescribed by the director that includes the following: (i) Lists all current cost estimates covered by a financial test. (ii) Certifies that the local government meets the conditions of paragraph (L)(2) of this rule. (iii) Provides evidence and certifies that the local government meets the conditions of either paragraph (L)(3)(a) or (L)(3)(b) of this rule. (b) A copy of the local government's independently audited year-end financial statements for the latest fiscal year, including the unqualified opinion of the auditor. The auditor shall be an independent, certified public accountant or auditor of state. (c) A special report from the independent certified public accountant or auditor of state, in the form of an agreed-upon procedures report, to the local government stating the following: (i) The independent certified public accountant or auditor of state has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited year-end financial statements for the most recent fiscal year with the amounts in such financial statements. (ii) In connection with the agreed-upon procedures report, that the independent certified public accountant agrees the specified data is accurate. (6) After the initial submission of the items specified in this rule, a local government shall send updated information to the director on forms prescribed by the director not later than one hundred eighty days after the close of each succeeding fiscal year. This information shall include all items specified in this rule. (7) If a local government no longer meets the requirements of this rule, the local government shall send a notice to the director of the intent to establish alternative financial assurance as specified in this rule. The notice shall be sent by certified mail or any other form of mail accompanied by a receipt not later than one hundred fifty days after the end of the fiscal year for which the year-end financial data show that the local government no longer meets the requirements of this rule. The local government shall also place a copy of the notice in the operating record. The local government shall provide alternative financial assurance not later than one hundred eighty days after the end of such fiscal year. (8) The director may, based on a reasonable belief that the local government no longer meets the requirements of this rule, require reports of financial condition at any time from the local government in addition to those specified in this rule. If the director finds, on the basis of such reports or other information, that the local government no longer meets the requirements of this rule, the local government shall provide alternative financial assurance as specified in this rule not later than thirty days after notification of such a finding. (9) The director may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant or auditor of state in the report on examination of the local government's financial statements. An adverse opinion or disclaimer of opinion will be cause for disallowance. The director shall evaluate other qualifications on an individual basis. The local government shall provide alternative financial assurance as specified in this rule not later than thirty days after notification of the disallowance. (10) A local government is no longer required to submit the items specified in this rule when one of the following occur: (a) The local government substitutes alternative financial assurance as specified in this rule. (b) The director notifies the local government, in accordance with paragraph (O) of this rule, that the local government is no longer required to maintain financial assurance for a CCR unit. (M) Use of multiple financial assurance mechanisms. The owner or operator may satisfy this rule by establishing more than one financial assurance mechanism for the CCR unit. These mechanisms are limited to a trust fund, surety bond guaranteeing payment into a closure trust fund, letter of credit, insurance, and the local government financial test. The mechanisms shall be as specified in paragraphs (F), (G), (I), (J), and (L) respectively of this rule, except that it is the combination of mechanisms, rather than each single mechanism, which shall provide financial assurance for an amount at least equal to the current closure cost estimate. 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 may invoke use of any or all of the mechanisms, in accordance with paragraphs (F), (G), (I), (J), and (L) of this rule, to provide for closure of the CCR unit. (N) Use of a financial assurance mechanism for multiple facilities. The owner or operator may use a financial assurance mechanism specified in this rule to meet the financial assurance obligations for more than one CCR unit owned or operated by the owner or operator. Evidence of financial assurance submitted to the director shall include a list showing, for each CCR unit, the name, address, and the amount of funds for closure assured by the financial assurance mechanism. The amount of funds available through the financial assurance mechanism shall be no less than the sum of the funds that would be available if a separate financial assurance mechanism had been established and maintained for each CCR unit. (O) Release of the owner or operator of a CCR unit from this rule. The director shall notify the owner or operator in writing that the owner or operator is no longer required by this rule to maintain financial assurance for closure of the CCR unit or post-closure care of the CCR unit, unless the director has reason to believe that closure or post-closure care has not been completed in accordance with Chapter 3745-525 of the Administrative Code, as applicable, or the closure plan and post-closure care plan after receiving certifications from the owner or operator and an independent professional skilled in the appropriate disciplines that closure and post-closure care have been completed in accordance with the closure plan and post-closure care plan, permit, or applicable rules.
Last updated October 1, 2026 at 9:21 AM
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Rule 3745-525-810 | Wording of financial assurance instruments.
Effective:
October 1, 2026
(A) (1) A trust agreement for a trust fund as specified in paragraph (F) of rule 3745-525-800 of the Administrative Code, must be worded as follows, 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], 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 CCR unit provide assurance that funds will be available when needed for closure, post-closure care, or, corrective action at the CCR unit. Whereas, the grantor has elected to establish a trust to provide all or part of such financial assurance for the CCR units 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 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 "director" means the director of environmental protection or the director's authorized representative. Section 2. Identification of CCR units and cost estimates. This agreement pertains to a CCR unit and cost estimates identified on attached schedule A [on schedule A, for each CCR unit list the name, address, and the current closure, post-closure care, or corrective action cost estimates, 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 Ohio EPA. 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 it 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 Ohio EPA. Section 4. Payment for closure and post-closure care, and corrective action. The trustee will make such payments from the fund as the director will direct, in writing, to provide for the payment of the costs of closure, post-closure care, or corrective action at the CCR unit covered by this agreement. The trustee will reimburse the grantor or other persons as specified by the director from the fund for closure, post-closure care, or corrective action expenditures in such amounts as the director will direct, in writing. In addition, the trustee will refund to the grantor such amounts as the director 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 CCR units, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 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; (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 its 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; (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 discretion 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 its 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; (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, proper charges, and disbursements, 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. Expenses, proper charges, and disbursements include fees for legal services, rendered to the trustee and the compensation of the trustee to the extent the grantor fails to compensate the trustee pursuant to section 12. 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 director 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 director 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 permitted by law, in acting upon the advice of counsel. Section 12. Trustee compensation. The trustee will be entitled to reasonable compensation from the grantor for the trustee's services 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 of the appointment, and upon the director's written approval, 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 it assumes administration of the trust in a writing sent to the grantor, the director, and the present trustee by certified mail or any other form of mail accompanied by a receipt not later than ten days before such change becomes effective. The director's written approval must be given prior to the ten days notice provided by the successor trustee. 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 director to the trustee will be in writing, signed by the director, 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 director hereunder has occurred. The trustee will have no duty to act in the absence of such orders, requests, and instructions from the grantor or the director except as provided for herein. Section 15. Notice of nonpayment. The trustee will notify the grantor and the director by certified mail 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 director, or by the trustee and the director 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 director, or by the trustee and the director 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 a surety bond guaranteeing payment into a trust fund, a surety bond guaranteeing performance, or a letter of credit, 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 director 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 its official capacity, including all expenses reasonably incurred in its 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 3745-525-810 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 (F) of rule 3745-525-800 of the Administrative Code: "State of County of On this [date], before me personally came [owner or operator] 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 directors of said corporation, and that she/he signed her/his name thereto by like order. [Signature of notary public]" [Comment: As required in paragraph (F)(2) of rule 3745-525-800 of the Administrative Code, the trust agreement must be accompanied by a formal certification of acknowledgment. The previous paragraph is only an example.] (B) A surety bond guaranteeing payment into a trust fund, as specified in paragraph (G) of rule 3745-525-800 of the Administrative Code, must be worded as follows, 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] Type of organization: [insert "individual," "joint venture, "partnership," or "corporation"] State of incorporation: Surety(ies): [name(s) and business address(es)] Name, address, and closure, post-closure care, or corrective action amount(s) for each CCR unit guaranteed by this bond [indicate closure, post-closure care, or corrective action amounts separately]: $ 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 Ohio Environmental Protection Agency ("Ohio EPA"), 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 an Ohio EPA permit, in order to operate each CCR unit; Whereas, said principal is required to provide financial assurance for closure, or closure and post-closure care, or post-closure care, or corrective action of the CCR unit as a condition of Chapter 3734. of the Revised Code; Whereas said principal shall establish a standby trust fund in accordance with rule 3745-525-800 of the Administrative Code, Now, therefore, for a CCR unit, the conditions of the obligation are such that if the principal shall faithfully, before the beginning of closure, post-closure care or corrective action, of each CCR unit identified above, fund the standby trust fund in the amount identified above for the CCR unit, Or, if the principal shall fund the standby trust fund in such an amount not later than fifteen days after an order to begin closure is issued by the director, 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 CCR unit permit to install and operate, Or, if the principal shall provide alternative financial assurance in accordance with rule 3745-525-800 of the Administrative Code, as applicable, and obtain the director'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 director 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 director that the principal has failed to perform as guaranteed by this bond, the surety(ies) shall place funds in the amount guaranteed for the CCR unit into the standby trust fund as directed by the director. 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 any other form of mail accompanied by a receipt to the principal and to the director, 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 director, as evidenced by the return receipt(s). The principal may terminate this bond by sending written notice to the surety(ies) and the director, provided, however, that no such notice shall become effective until the surety(ies) receive(s) written authorization for termination of the bond by the director. [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 closure, post-closure care, or corrective action amount, provided that the penal sum does not increase by more than twenty per cent in any one year, and no decrease in the penal sum takes place without the written permission of the director. 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 3745-525-810 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) A surety bond guaranteeing performance of closure, post-closure care, or corrective action, as specified in paragraph (H) of rule 3745-525-800 of the Administrative Code, must be worded as follows, 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] Type of organization: [insert "individual," "joint venture," "partnership," or "corporation"] State of incorporation: Surety(ies): [name(s) and business address(es)] Name, address, and closure, post-closure care, or corrective action amount for each CCR unit guaranteed by this bond [indicate closure, post-closure care, and corrective action amounts separately]: $ 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 Ohio Environmental Protection Agency ("Ohio EPA"), 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 an Ohio EPA permit in order to operate each CCR unit identified above, and Whereas said principal is required to provide financial assurance for closure, or closure and post-closure care, or post-closure care, or corrective action as a condition of the permit, 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, for a CCR unit, the conditions of this obligation are such that if the principal shall faithfully perform closure whenever required to do so, of each CCR unit for which this bond guarantees closure, in accordance with the closure plan, and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended. And, for a CCR unit, if the principal shall faithfully perform post-closure care of each CCR unit for which this bond guarantees post-closure care, in accordance with the post-closure care plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended. And, for a CCR unit, if the principal shall faithfully perform corrective action at each CCR unit for which this bond guarantees corrective action in accordance with the corrective action plan and other requirements of the permit, as such plan and permit 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 3745-525-800 of the Administrative Code and obtain the director'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 director 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. [The following paragraph is only required for those CCR units required to conduct closure activities.] Upon notification by the director that the principal has been found in violation of the closure requirements of rule 3745-525-720 and 3745-525-730, if applicable, of the Ohio Administrative Code, for a facility for which this bond guarantees performance of closure, the surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements or place the closure amount guaranteed for the CCR unit into the standby trust fund as directed by the director. Upon notification by the director that the principal has been found in violation of the post-closure care requirements of rule 3745-525-750 of the Administrative Code, whichever is applicable, for a CCR unit for which this bond guarantees performance of post-closure care, the surety(ies) shall either perform post-closure care in accordance with the post-closure care plan and other permit requirements or place the post-closure care amount guaranteed for the facility into the standby trust fund as directed by the director. Upon notification by the director that the principal has been found in violation of the corrective action requirements of rules 3745-525-950 to 3745-525-970 of the Administrative Code, for a CCR unit for which this bond guarantees performance of corrective action, the surety(ies) shall either perform the corrective action in accordance with the corrective measures plan and other permit requirements or place the corrective action amount guaranteed for the CCR unit into the standby trust fund as directed by the director. Upon notification by the director that the principal has failed to provide alternative financial assurance as specified in rule 3745-525-800 of the Administrative Code and obtain written approval of such alternative financial assurance from the director not later than ninety days after receipt by both the principal and the director of a notice of cancellation of the bond, the surety(ies) shall place funds in the amount guaranteed for the CCR unit into the standby trust fund as directed by the director. The surety(ies) hereby waive(s) notification of amendments to the closure plan, post-closure care plan, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) 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 any other form of mail accompanied by a receipt to the owner or operator and to the director, 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 director, as evidenced by the return receipts. The principal may terminate this bond by sending written notice to the surety(ies) and the director, provided, however, that no such notice shall become effective until the surety(ies) receive(s) written approval for termination of the bond by the director. [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 closure, post-closure care, or corrective action amount, provided that the penal sum does not increase by more than twenty per cent in any one year, and no decrease in the penal sum occurs without the written approval of the director. 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 3745-525-810 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) A letter of credit as specified in paragraph (I) of rule 3745-525-800 of the Administrative Code must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted [note: 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 [Director] Ohio Environmental Protection Agency 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's or operator'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 3734. of the Revised Code as amended." 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's or operator's name] by certified mail or any 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's or operator'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's or operator'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 3745-525-810 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 Customs and Practice for Documentary Credits," published by the International Chamber of Commerce" or "The Uniform Commercial Code"]." [Comment: In the event that the owner or operator 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 director, as evidenced by the return receipt.] (E) A certificate of insurance, as specified in paragraph (J) of rule 3745-525-800 of the Administrative Code, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: "Certificate of insurance for closure, post-closure care, corrective action, Name and address of insurer (Herein called the "insurer"): Name and address of insured (Herein called the "insured"): CCR units covered: [list for each CCR unit: name, address, county in which the CCR unit is located, and the amount of insurance for closure, post-closure care, or corrective action provided under the insurance policy (the aggregate amount for all CCR units 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 the policy of insurance identified above to provide financial assurance for [insert " closure," " closure and post-closure care," "post-closure care," "corrective action,"] for the CCR units identified above. The insurer further warrants that such insurance policy conforms in all respects with the requirements of paragraph (J) of rule 3745-525-800 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 director of the Ohio Environmental Protection Agency, the insurer agrees to furnish to the director a duplicate original of the insurance 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 3745-525-810 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) A letter from the chief financial officer, as specified in paragraph (K) of rule 3745-525-800, of the Administrative Code must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: "Letter from chief financial officer [Address to director, Ohio Environmental Protection Agency.] I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance, as specified in Chapter 3745-525 of the Administrative Code. [Fill out the following three paragraphs regarding CCR units, solid waste facilities, scrap tire transporters and associated cost estimates. If your firm has no CCR units, solid waste facilities or scrap tire transporters that belong in a particular paragraph, write "none" in the space indicated. For each CCR unit, solid waste facility and scrap tire transporter, include its name, address, county, and current closure, post-closure care, or corrective action cost estimates and any other environmental obligations, if any. Identify each cost estimate as to whether it is for closure, post-closure care, or corrective action.] (1) This firm is the owner or operator of the following CCR units, solid waste facilities and scrap tire transporters for which financial assurance for closure, post-closure care, or corrective action, is demonstrated through the financial test specified in Chapter 3745-525 of the Administrative Code or this firm is the owner or operator of the following facilities for which financial assurance for any other environmental obligations are assured by a financial test. The current closure, post-closure care, or corrective action cost estimates, and any other environmental obligations, provided for by a financial test are shown for each CCR unit, solid waste facility or scrap tire transporter: $____. (2) This firm guarantees, through the corporate guarantee specified in Chapter 3745-525 of the Administrative Code, the closure, post-closure care, or corrective action of the following CCR units or solid waste facilities permitted by subsidiaries of this firm or closure for scrap tire transporters or this firm guarantees, through the corporate guarantee, any other environmental obligations of the following facilities permitted by subsidiaries of this firm. The current cost estimates for the closure, post-closure care, or corrective action, and any other environmental obligations, so guaranteed are shown for each CCR unit, solid waste facility or scrap tire transporter: $__________. (3) This firm is the owner or operator of the following CCR units, facilities or scrap tire transporters for which financial assurance requirements for closure, post-closure care, or corrective action or any other environmental obligations are satisfied through a financial test other than that required by chapter 3745-525 of the Administrative Code. The current closure, post-closure care, or corrective action cost estimates, or any other environmental obligations covered by such financial assurance are shown for each CCR unit, facility or scrap tire transporter: $ . This firm [insert "is required" or "is not required"] to file a form 10k with the Securities and Exchange Commission (SEC) for the most recent fiscal year. The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the most recently completed fiscal year, ended [date]. [Fill in Alternative I if the criteria of paragraph (K)(1)(a) of rule 3745-525-800 of the Administrative Code are used. Fill in Alternative II if the criteria of paragraph (K)(1)(b) of rule 3745-525-800 of the Administrative Code are used.] | Alternative I | | 1. | Sum of current closure, post-closure care, or corrective action cost estimates, and any other environmental obligations assured by a financial test (total of all cost estimates shown in the three paragraphs above): $___________. | | 2. | Total liabilities [if any portion of the closure, post-closure care, or corrective action cost estimate is included in total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4]: $________. | | 3. | Tangible net worth: $________. | | 4. | Net worth: $________. | | 5. | Current assets: $________. | | 6. | Current liabilities: $________. | | 7. | Net working capital [line 5 minus line 6]: $________. | | 8. | The sum of net income plus depreciation, depletion, and amortization minus $10 million: $ . | | 9. | Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.): $________. |
| | Yes | No | | 10. | Is line 3 at least $10 million? . . . | | | | 11. | Is line 3 at least 6 times line 1? . . . | | | | 12. | Is line 7 at least 6 times line 1? . . . | | | | *13. | Are at least 90% of firm's assets located in the U.S.? . . . If not, complete line 14. | | | | 14. | Is line 9 at least 6 times line 1? . . . | | | | 15. | Is line 2 divided by line 4 less than 2.0? . . . | | | | 16. | Is line 8 divided by line 2 greater than 0.1? . . . | | | | 17. | Is line 5 divided by line 6 greater than 1.5? . . . | | |
| Alternative II | | 1. | Sum of current closure, post-closure care, or corrective action cost estimates, and any other environmental obligations assured by a financial test (total of all cost estimates shown in the three paragraphs above): $________. | | 2. | Current bond rating of most recent issuance of this firm and name of rating service:________. | | 3. | Date of issuance of bond:________. | | 4. | Date of maturity of bond:________. | | *5. | Tangible net worth [if any portion of the closure, post-closure care, and corrective action cost estimates is included in total liabilities on your firm's financial statements, you may add the amount of that portion to this line]: $________. | | *6. | Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.): $________. |
| | Yes | No | | 7. | Is line 5 at least $10 million? . . . | | | | 8. | Is line 5 at least 6 times line 1? . . . | | | | *9. | Are at least 90% of firm's assets located in the U.S.? . . . If not, complete line 10. | | | | 10. | Is line 6 at least 6 times line 1? . . . | | |
I hereby certify that the wording of this letter is identical to the wording specified in paragraph (F) of rule 3745-525-810 of the Administrative Code as such rule was constituted on the date shown immediately below. [Signature] [Name] [Title] [Date]" (G) A corporate guarantee, as specified in paragraph (K) of rule 3745-525-800 of the Administrative Code, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: "Corporate guarantee for closure, post-closure care, or corrective action. Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of the state of [insert name of state], herein referred to as guarantor, to the Ohio Environmental Protection Agency ("Ohio EPA"), obligee on behalf of our subsidiary [owner or operator] of [business address]. Recitals 1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in paragraph (K) of rule 3745-525-800 of the Administrative Code. 2. [Owner or operator] responsible for the following CCR unit(s) covered by this guarantee: [List for each CCR unit: name and address. Indicate for each whether guarantee is for closure, post-closure care, both, or corrective action,]. 3. Closure plan, post-closure care plan or corrective action plans as used below refer to the plans maintained as required by Chapter 3745-525 of the Administrative Code for the closure, post-closure care, and corrective action of a CCR unit, as identified above. 4. For value received from [owner or operator], guarantor guarantees to the Ohio EPA that in the event that [owner or operator] fails to perform [insert " closure," "post-closure care," "closure/post-closure care," or "corrective action"] of the above CCR unit in accordance with the closure plan, post-closure care plan, or corrective action plans and other permit requirements, as applicable, or, the guarantor shall establish a trust fund as specified in Chapter 3745-525 of the Administrative Code, as applicable, in the name of [owner or operator] in the amount of the current closure, post-closure care, or corrective action cost estimates as specified in Chapter 3745-525 of the Administrative Code. 5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send notice to the director, Ohio EPA, and to [owner or operator], not later than ninety days after the end of such fiscal year, by certified mail or any other form of mail accompanied by a receipt, that the guarantor intends to provide alternative financial assurance as specified in Chapter 3745-525 of the Administrative Code, in the name of [owner or operator]. Not later than one hundred twenty days after the end of such fiscal year, the guarantor shall establish such alternative financial assurance unless [owner or operator] has done so. 6. The guarantor agrees to notify the director by certified mail or any other form of mail accompanied by a receipt, of a voluntary or involuntary proceeding under "Title 11 (bankruptcy)," U.S. Code, naming guarantor as debtor, not later than ten days after commencement of the proceeding. 7. Guarantor agrees that not later than thirty days after being notified by the director of a determination that guarantor no longer meets the financial test criteria or that the guarantor is disallowed from continuing as a guarantor of closure, post-closure care, corrective action, the guarantor shall establish alternative financial assurance as specified in Chapter 3745-525 of the Administrative Code, in the name of [owner or operator] unless [owner or operator] has done so. 8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or modification of the closure plan, post-closure care plan or corrective action plan, amendment or modification of the permit, extension or reduction of the time of performance of closure, post-closure care, or corrective action, or any other modification or alteration of an obligation of the owner or operator pursuant to Chapter 3745-525 of the Administrative Code. 9. Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] shall comply with the applicable financial assurance requirements of Chapter 3745-525 of the Administrative Code for the above listed CCR units, except that guarantor may cancel this guarantee by sending notice by certified mail or any other form of mail accompanied by a receipt to the director and [owner or operator], such cancellation to become effective not earlier than one hundred twenty days after receipt of such notice by both Ohio EPA and [owner or operator], as evidenced by the return receipts. 10. Guarantor agrees that if [owner or operator] fails to provide alternative financial assurance as specified in Chapter 3745-525 of the Administrative Code, and obtain written approval of such alternative financial assurance from the director not later than ninety days after a notice of cancellation by the guarantor is received by the director from guarantor, guarantor shall provide such alternative financial assurance in the name of [owner or operator]. 11. Guarantor expressly waives notice of acceptance of this guarantee by the Ohio EPA or by [owner or operator]. Guarantor also expressly waives notice of amendments or modifications of the CCR unit permit. I hereby certify that the wording of this guarantee is identical to the wording specified in paragraph (G) of rule 3745-525-810 of the Administrative Code as such rule was constituted on the date first above written. Effective date: [Name of guarantor] [Authorized signature for guarantor] [Name of person signing] [Title of person signing] Signature of witness or notary: " (H) A letter from the chief financial officer of a local government, as specified in paragraph (L) of rule 3745-525-800 of the Administrative Code must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: [Comment: For the purposes of this rule, local government is defined as a subdivision of the state of Ohio including, but not limited to, a municipal corporation, a county, a township, a single or joint county solid waste management district, or a solid waste management authority.] "Letter from chief financial officer of a local government [ Address to director, Ohio Environmental Protection Agency.] I am the chief financial officer of [name and address of local government]. This letter is in support of this local government's use of the financial test to demonstrate financial assurance, as specified in chapter 3745-525 of the Administrative Code. [Fill out the following paragraphs regarding the CCR unit, solid waste facility and scrap tire transporter and the associated cost estimates. If there are no CCR units, facilities or scrap tire transporters that belong in a particular paragraph, write "none" in the space indicated. For each CCR unit, solid waste facility and scrap tire transporter, include its name, address, county, and current closure, post-closure care, and corrective action cost estimate and any other environmental obligations. Identify each cost estimate as to whether it is for closure, post-closure care, or corrective action, and all other environmental obligations.] (1) This local government is the owner or operator of the following CCR units, solid waste facilities or scrap tire transporters for which financial assurance for closure, post-closure care, or corrective action is demonstrated through the financial test specified in chapter 3745-525 of the Administrative Code or this local government is the owner or operator of the following CCR units, facilities or scrap tire transporters for which financial assurance for any other environmental obligations are assured by a financial test. The current closure, post-closure care, or corrective action cost estimates, and any other environmental obligations provided for by a test are shown: $________. (2) This local government is the owner or operator of the following CCR units, or facilities for which financial assurance requirements for closure, post-closure care, corrective action, or any other environmental obligations are satisfied through a financial test other than that required by chapter 3745-525 of the Administrative Code. The current closure, post-closure care, or corrective action cost estimates, or any other environmental obligations covered by such financial assurance are shown for each CCR unit, facility or scrap tire transporter: $ __________________. The fiscal year of this local government ends on [month, day]. The figures for the following items marked with an asterisk are derived from this local government's independently audited, year-end financial statements for the most recently completed fiscal year, ended [date]. [Comment: The figures for the following items must be contained in the audited financial statements from the most recently completed fiscal year.] [Fill in Alternative I if the criteria of paragraph (L)(3)(a) of rule 3745-525-800 of the Administrative Code are used. Fill in Alternative II if the criteria of paragraph (L)(3)(b) of rule 3745-525-800 of the Administrative Code are used.] | Alternative I | | 1. | Sum of current closure, post-closure care, or corrective action cost estimates, and any other environmental obligations assured by a financial test (total of all cost estimates shown in the paragraphs above): $ . | | *2. | Sum of cash and marketable securities: $________. | | *3. | Total expenditures: $________. | | *4. | Annual debt service: $________. | | *5. | Long-term debt: $ . | | *6. | Capital expenditures: $________. | | *7. | Total assured environmental costs: $________. | | *8 | Total annual revenue: $________. |
| | Yes | No | | 9. | Is line 2 divided by line 3 greater than or equal to 0.05? . . . | | | | 10. | Is line 4 divided by line 3 less than or equal to 0.20? . . . | | | | 11. | Is line 5 divided by line 6 less than or equal to 2.00? . . . | | | | 12. | Is line 7 divided by line 8 less than or equal to 0.43? . . . If not, complete lines 13 and 14. | | | | 13. | Multiply line 8 by 0.43 = $. This is the maximum amount allowed to assure environmental costs. | | | | 14. | Line 13 subtracted from line 7 = $_______. This amount must be assured by another financial assurance mechanism listed in paragraphs (F), (G), (I), or (J) in rule 3745-525-800 of the Administrative Code. | | |
| Alternative II | | 1. | Sum of current closure, post-closure care, corrective action cost estimates, and any other environmental obligations assured by a financial test (total of all cost estimates shown in the paragraphs above): $ . | | 2. | Current bond rating of most recent issuance and name of rating service:_________. | | 3. | Date of issuance of bond: ________. | | 4. | Date of maturity of bond: ________. | | *5. | Total assured environmental costs: $________. | | *6. | Total annual revenue: $ ________. |
| | Yes | No | | 7. | Is line 5 divided by line 6 less than or equal to 0.43?... If not, complete lines 8 and 9. | | | | 8. | Multiply line 6 by 0.43 = $________. This is the maximum amount allowed to assure environmental costs. | | | | 9. | Line 8 subtracted from line 5 = $________. This amount must be assured by another financial assurance mechanism listed in paragraphs (F), (G), (I), or (J) in rule 3745-525-800 of the Administrative Code. | | |
I hereby certify that the wording of this letter is identical to the wording specified in paragraph (H) of rule 3745-525-810 of the Administrative Code as such rule was constituted on the date shown immediately below. I further certify the following: (1) that the local government's financial statements are prepared in conformity with generally accepted accounting principles for governments; (2) that the local government has not operated at a deficit equal to five per cent or more of total annual revenue in either of the past two fiscal years; (3) that the local government is not in default on any outstanding general obligation bonds; and, (4) that the local government does not have outstanding general obligations rated less than BBB as issued by "Standard and Poor's" or Baa as issued by "Moody's." [Signature] [Name] [Title] [Date]" (I) An existing trust agreement with the wording set forth in paragraphs (A)(1) and (A)(2) of this rule may be utilized to satisfy the trust agreement wording requirements set forth in paragraphs (A)(1) and (A)(2) of rule 3745-27-17 of the Administrative Code. (J) An existing surety bond guaranteeing payment into a trust fund with the wording set forth in paragraph (B) of this rule may be utilized to satisfy the surety bond guaranteeing payment into a trust fund wording requirements set forth in paragraph (B) of rule 3745-27-17 of the Administrative Code. (K) An existing surety bond guaranteeing performance with the wording set forth in paragraph (C) of this rule may be utilized to satisfy the surety bond guaranteeing performance wording requirements set forth in paragraph (C) of rule 3745-27-17 of the Administrative Code. (L) An existing letter of credit with the wording set forth in paragraph (D) of this rule may be utilized to satisfy the letter of credit wording requirements set forth in paragraph (D) of rule 3745-27-17 of the Administrative Code. (M) An existing certificate of insurance with the wording set forth in paragraph (E) of this rule may be utilized to satisfy the certificate of insurance wording requirements set forth in paragraph (E) of rule 3745-27-17 of the Administrative Code. (N) An existing letter from the chief financial officer with the wording set forth in paragraph (F) of this rule may be utilized to satisfy the letter from the chief financial officer wording requirements set forth in paragraph (F) of rule 3745-27-17 of the Administrative Code. (O) An existing corporate guarantee with wording set forth in paragraph (G) of this rule may be utilized to satisfy the corporate guarantee wording requirements set forth in paragraph (G) of rule 3745-27-17 of the Administrative Code. (P) An existing letter from the chief financial officer of a local government as set forth in paragraph (H) of this rule may be utilized to satisfy the letter from the chief financial officer of a local government wording requirements set forth in paragraph (H) of rule 3745-27-17 of the Administrative Code.
Last updated October 1, 2026 at 9:21 AM
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Rule 3745-525-900 | Groundwater monitoring and corrective action applicability, 40 C.F.R. 257.90.
Effective:
October 1, 2026
(A) Applicability. All CCR units are subject to the groundwater monitoring and corrective action requirements under rules 3745-525-900 to 3745-525-970 of the Administrative Code. (B) Initial timeframes. (1) Existing CCR landfills and existing CCR surface impoundments. Not later than October 17, 2017, the owner or operator of the CCR unit shall be in compliance with the following groundwater monitoring requirements: (a) Install the groundwater monitoring system as required by rule 3745-525-910 of the Administrative Code. (b) Develop the groundwater sampling and analysis program to include selection of the statistical procedures to be used for evaluating groundwater monitoring data as required by rule 3745-525-920 of the Administrative Code. (c) Initiate the detection monitoring program to include obtaining a minimum of eight independent samples for each background and downgradient well as required by paragraph (B) of rule 3745-525-930 of the Administrative Code. (d) Begin evaluating the groundwater monitoring data for statistically significant increases over background levels for the constituents listed in appendix A to this rule as required by rule 3745-525-930 of the Administrative Code. (2) New CCR landfills, new CCR surface impoundments, and all lateral expansions of CCR units. Prior to initial receipt of CCR by the CCR unit, the owner or operator shall be in compliance with the groundwater monitoring requirements specified in paragraphs (B)(1)(a) and (B)(1)(b) of this rule. In addition, the owner or operator of the CCR unit shall initiate the detection monitoring program to include obtaining a minimum of eight independent samples for each background well as required by paragraph (B) of rule 3745-525-930 of the Administrative Code. (C) Requirement to conduct groundwater monitoring and corrective action. Once a groundwater monitoring system and groundwater monitoring program has been established at the CCR unit as required by this chapter, the owner or operator shall conduct groundwater monitoring and, if necessary, corrective action throughout the active life and post-closure care period of the CCR unit. (D) Responding to a release from a CCR unit. In the event of a release from a CCR unit, the owner or operator shall immediately take all necessary measures to control the source of releases so as to reduce or eliminate, to the maximum extent feasible, further releases of contaminants into the environment. The owner or operator of the CCR unit shall comply with all applicable requirements in rules 3745-525-950 to 3745-525-970 of the Administrative Code. (E) Annual groundwater monitoring and corrective action report. For existing CCR landfills and existing CCR surface impoundments, not later than January 31, 2018, and annually thereafter, the owner or operator shall prepare an annual groundwater monitoring and corrective action report. For new CCR landfills, new CCR surface impoundments, and all lateral expansions of CCR units, the owner or operator shall prepare the initial annual groundwater monitoring and corrective action report not later than January thirty-first of the year following the calendar year a groundwater monitoring system has been established for such CCR unit as required by this chapter, and annually thereafter. For the preceding calendar year, the annual report shall document the status of the groundwater monitoring and corrective action program for the CCR unit, summarize key actions completed, describe any problems encountered, discuss actions to resolve the problems, and project key activities for the upcoming year. For purposes of this rule, the owner or operator has prepared the annual report when the report is placed in the facility's operating record as required by paragraph (H)(1) of rule 3745-525-50 of the Administrative Code. At a minimum, the annual groundwater monitoring and corrective action report shall contain the following information, to the extent available: (1) A map, aerial image, or diagram showing the CCR unit and all background (or upgradient) and downgradient monitoring wells, to include the well identification numbers, that are part of the groundwater monitoring program for the CCR unit. (2) Identification of any monitoring wells that were installed or decommissioned during the preceding year, along with a narrative description of why those actions were taken. (3) In addition to all the monitoring data obtained under rules 3745-525-900 to 3745-525-970 of the Administrative Code, a summary including the number of groundwater samples that were collected for analysis for each background and downgradient well, the dates the samples were collected, and whether the sample was required by the detection monitoring or assessment monitoring programs. (4) A narrative discussion of any transition between monitoring programs (e.g., the date and circumstances for transitioning from detection monitoring to assessment monitoring in addition to identifying the constituent detected at a statistically significant increase over background levels). (5) Other information required to be included in the annual report as specified in rules 3745-525-900 to 3745-525-970 of the Administrative Code. (6) A section at the beginning of the annual report that provides an overview of the current status of groundwater monitoring and corrective action programs for the CCR unit. At a minimum, the summary shall specify all of the following: (a) At the start of the current annual reporting period, whether the CCR unit was operating under the detection monitoring program in rule 3745-525-930 of the Administrative Code or the assessment monitoring program in rule 3745-525-940 of the Administrative Code. (b) At the end of the current annual reporting period, whether the CCR unit was operating under the detection monitoring program in rule 3745-525-930 of the Administrative Code or the assessment monitoring program in rule 3745-525-940 of the Administrative Code. (c) If it was determined that there was a statistically significant increase over background for one or more constituents listed in appendix A to this rule pursuant to paragraph (E) of rule 3745-525-930 of the Administrative Code: (i) Identify those constituents listed in appendix A to this rule and the names of the monitoring wells associated with such an increase. (ii) Provide the date when the assessment monitoring program was initiated for the CCR unit. (d) If it was determined that there was a statistically significant level above the groundwater protection standard for one or more constituents listed in appendix B to this rule pursuant to paragraph (G) of rule 3745-525-940 of the Administrative Code include all of the following: (i) Identify those constituents listed in appendix B to this rule and the names of the monitoring wells associated with such an increase. (ii) Provide the date when the assessment of corrective measures was initiated for the CCR unit. (iii) Provide the date when the public meeting was held for the assessment of corrective measures for the CCR unit. (iv) Provide the date when the assessment of corrective measures was completed for the CCR unit. (e) Whether a remedy was selected pursuant to rule 3745-525-960 of the Administrative Code during the current annual reporting period, and if so, the date of remedy selection. (f) Whether remedial activities were initiated or are ongoing pursuant to rule 3745-525-970 of the Administrative Code during the current annual reporting period. (F) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
View Appendix
Last updated October 1, 2026 at 12:16 PM
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Rule 3745-525-910 | Groundwater monitoring systems, 40 C.F.R. 257.91.
Effective:
October 1, 2026
(A) Performance standard. The owner or operator of a CCR unit shall install a groundwater monitoring system that consists of a sufficient number of wells, installed at appropriate locations and depths, to yield groundwater samples from the uppermost aquifer that do the following: (1) Accurately represent the quality of background groundwater that has not been affected by leakage from a CCR unit. A determination of background quality may include sampling of wells that are not hydraulically upgradient of the CCR management area where the following occur: (a) Hydrogeologic conditions do not allow the owner or operator of the CCR unit to determine what wells are hydraulically upgradient. (b) Sampling at other wells will provide an indication of background groundwater quality that is as representative or more representative than that provided by the upgradient wells. (2) Accurately represent the quality of groundwater passing the waste boundary of the CCR unit. The downgradient monitoring system shall be installed at the waste boundary that ensures detection of groundwater contamination in the uppermost aquifer. All potential contaminant pathways shall be monitored. (B) The number, spacing, and depths of monitoring systems shall be determined based upon site-specific technical information that shall include thorough characterization of the following: (1) Aquifer thickness, groundwater flow rate, groundwater flow direction including seasonal and temporal fluctuations in groundwater flow. (2) Saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities and effective porosities. (C) The groundwater monitoring system shall include the minimum number of monitoring wells necessary to meet the performance standards specified in paragraph (A) of this rule, based on the site-specific information specified in paragraph (B) of this rule. The groundwater monitoring system shall contain the following: (1) A minimum of one upgradient and three downgradient monitoring wells. (2) Additional monitoring wells as necessary to accurately represent the quality of background groundwater that has not been affected by leakage from the CCR unit and the quality of groundwater passing the waste boundary of the CCR unit. (D) The owner or operator of multiple CCR units may install a multiunit groundwater monitoring system instead of separate groundwater monitoring systems for each CCR unit. (1) The multiunit groundwater monitoring system shall be equally as capable of detecting monitored constituents at the waste boundary of the CCR unit as the individual groundwater monitoring system specified in paragraphs (A) to (C) of this rule for each CCR unit based on the following factors: (a) Number, spacing, and orientation of each CCR unit. (b) Hydrogeologic setting. (c) Site history. (d) Engineering design of the CCR unit. (2) [Reserved.] (E) Monitoring wells shall be cased in a manner that maintains the integrity of the monitoring well borehole. This casing shall be screened or perforated and packed with gravel or sand, where necessary, to enable collection of groundwater samples. The annular space (i.e., the space between the borehole and well casing) above the sampling depth shall be sealed to prevent contamination of samples and the groundwater. (1) The owner or operator of the CCR unit shall document and include in the operating record the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices. The qualified professional engineer shall be given access to this documentation when completing the groundwater monitoring system certification required under paragraph (F) of this rule. (2) The monitoring wells, piezometers, and other measurement, sampling, and analytical devices shall be operated and maintained so that the devices perform to the design specifications throughout the life of the monitoring program. (F) The owner or operator shall obtain a certification from a qualified professional engineer stating that the groundwater monitoring system has been designed and constructed to meet the requirements of this rule. If the groundwater monitoring system includes the minimum number of monitoring wells specified in paragraph (C)(1) of this rule, the certification shall document the basis supporting this determination. (G) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:23 AM
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Rule 3745-525-920 | Groundwater sampling and analysis requirements, 40 C.F.R. 257.93.
Effective:
October 1, 2026
(A) The groundwater monitoring program shall include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the background and downgradient wells required by rule 3745-525-910 of the Administrative Code. The owner or operator of the CCR unit shall develop a sampling and analysis program that includes procedures and techniques for the following: (1) Sample collection. (2) Sample preservation and shipment. (3) Analytical procedures. (4) Chain of custody control. (5) Quality assurance and quality control. (B) The groundwater monitoring program shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents and other monitoring parameters in groundwater samples. For purposes of rules 3745-525-900 to 3745-525-970 of the Administrative Code, the term constituent refers to both hazardous constituents and other monitoring parameters listed in either appendix A or appendix B to rule 3745-525-900 of the Administrative Code. (C) Groundwater elevations shall be measured in each well immediately prior to purging, each time groundwater is sampled. The owner or operator of the CCR unit shall determine the rate and direction of groundwater flow each time groundwater is sampled. Groundwater elevations in wells which monitor the same CCR management area shall be measured within a period of time short enough to avoid temporal variations in groundwater flow which could preclude accurate determination of groundwater flow rate and direction. (D) The owner or operator of the CCR unit shall establish background groundwater quality in a hydraulically upgradient or background well for each of the constituents required in the particular groundwater monitoring program that applies to the CCR unit as determined under paragraph (A) of rule 3745-525-930 or paragraph (A) of rule 3745-525-940 of the Administrative Code. Background groundwater quality may be established at wells that are not located hydraulically upgradient from the CCR unit if it meets the requirements of paragraph (A)(1) of rule 3745-525-910 of the Administrative Code. (E) The number of samples collected when conducting detection monitoring and assessment monitoring (for both downgradient and background wells) shall be consistent with the statistical procedures chosen under paragraph (F) of this rule and the performance standards under paragraph (G) of this rule. The sampling procedures shall be those specified under paragraphs (B) to (D) of rule 3745-525-930 of the Administrative Code for detection monitoring, paragraphs (B) to (D) of rule 3745-525-940 of the Administrative Code for assessment monitoring, and paragraph (B) of rule 3745-525-950 of the Administrative Code for corrective action. (F) The owner or operator of the CCR unit shall select one of the statistical methods specified in paragraphs (F)(1) to (F)(5) of this rule to be used in evaluating groundwater monitoring data for each specified constituent. The statistical test chosen shall be conducted separately for each constituent in each monitoring well. (1) A parametric analysis of variance followed by multiple comparison procedures to identify statistically significant evidence of contamination. The method shall include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent. (2) An analysis of variance based on ranks followed by multiple comparison procedures to identify statistically significant evidence of contamination. The method shall include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent. (3) A tolerance or prediction interval procedure, in which an interval for each constituent is established from the distribution of the background data and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit. (4) A control chart approach that gives control limits for each constituent. (5) Another statistical test method that meets the performance standards of paragraph (G) of this rule. (6) The owner or operator of the CCR unit shall obtain a certification from a qualified professional engineer stating that the selected statistical method is appropriate for evaluating the groundwater monitoring data for the CCR management area. The certification shall include a narrative description of the statistical method selected to evaluate the groundwater monitoring data. (G) Any statistical method chosen under paragraph (F) of this rule shall comply with the following performance standards, as appropriate, based on the statistical test method used: (1) The statistical method used to evaluate groundwater monitoring data shall be appropriate for the distribution of constituents. Normal distributions of data values shall use parametric methods. Non-normal distributions shall use non-parametric methods. If the distribution of the constituents is shown by the owner or operator of the CCR unit to be inappropriate for a normal theory test, then the data shall be transformed or a distribution-free (non-parametric) theory test shall be used. If the distributions for the constituents differ, more than one statistical method may be needed. (2) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a groundwater protection standard, the test shall be done at a type I error level no less than 0.01 for each testing period. If a multiple comparison procedure is used, the type I experiment wise error rate for each testing period shall be no less than 0.05; however, the type I error of no less than 0.01 for individual well comparisons shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals, or control charts. (3) If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be such that this approach is at least as effective as any other approach in this rule for evaluating groundwater data. The parameter values shall be determined after considering the number of samples in the background database, the data distribution, and the range of the concentration values for each constituent of concern. (4) If a tolerance interval or a prediction interval is used to evaluate groundwater monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval shall contain, shall be such that this approach is at least as effective as any other approach in this rule for evaluating groundwater data. These parameters shall be determined after considering the number of samples in the background database, the data distribution, and the range of the concentration values for each constituent of concern. (5) The statistical method shall account for data below the limit of detection with one or more statistical procedures that shall at least as effective as any other approach in this rule for evaluating groundwater data. Any practical quantitation limit that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility. (6) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data. (H) The owner or operator of the CCR unit shall determine whether or not there is a statistically significant increase over background values for each constituent required in the particular groundwater monitoring program that applies to the CCR unit, as determined under paragraph (A) of rule 3745-525-930 of the Administrative Code or paragraph (A) of rule 3745-525-940 of the Administrative Code. (1) In determining whether a statistically significant increase has occurred, the owner or operator shall compare the groundwater quality of each constituent at each monitoring well designated pursuant to paragraph (A)(2) or (D)(1) of rule 3745-525-910 of the Administrative Code to the background value of that constituent, according to the statistical procedures and performance standards specified under paragraphs (F) and (G) of this rule. (2) Within ninety days after completing sampling and analysis, the owner or operator shall determine whether there has been a statistically significant increase over background for any constituent at each monitoring well. (I) The owner or operator shall measure "total recoverable metals" concentrations in measuring groundwater quality. Measurement of total recoverable metals captures both the particulate fraction and dissolved fraction of metals in natural waters. Groundwater samples shall not be field-filtered prior to analysis. (J) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:23 AM
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Rule 3745-525-930 | Detection monitoring program, 40 C.F.R. 257.94.
Effective:
October 1, 2026
(A) The owner or operator of a CCR unit shall conduct detection monitoring at all groundwater monitoring wells consistent with this rule. At a minimum, a detection monitoring program shall include groundwater monitoring for all constituents listed in appendix A to rule 3745-525-900 of the Administrative Code. (B) Except as provided in paragraph (D) of this rule, the monitoring frequency for the constituents listed in appendix A to rule 3745-525-900 of the Administrative Code shall be at least semiannual during the active life of the CCR unit and the post-closure period. For existing CCR landfills and existing CCR surface impoundments, a minimum of eight independent samples from each background and downgradient well shall be collected and analyzed for the constituents listed in appendix A and B to rule 3745-525-900 of the Administrative Code not later than October 17, 2017. For new CCR landfills, new CCR surface impoundments, and all lateral expansions of CCR units, a minimum of eight independent samples for each background well shall be collected and analyzed for the constituents listed in appendix A and appendix B to rule 3745-525-900 of the Administrative Code during the first six months of sampling. (C) The number of samples collected and analyzed for each background well and downgradient well during subsequent semiannual sampling events shall be consistent with paragraph (E) of rule 3745-525-920 of the Administrative Code, and shall account for any unique characteristics of the site, but shall be at least one sample from each background and downgradient well. (D) The owner or operator of a CCR unit may demonstrate the need for an alternative monitoring frequency for repeated sampling and analysis for constituents listed in appendix A to rule 3745-525-900 of the Administrative Code during the active life and the post-closure care period based on the availability of groundwater. If there is not adequate groundwater flow to sample wells semiannually, the alternative frequency shall be no less than annual. The need to vary monitoring frequency shall be evaluated on a site-specific basis. The demonstration shall be supported by, at a minimum, the information specified in paragraphs (D)(1) and (D)(2) of this rule. (1) Information documenting the need for less frequent sampling. The alternative frequency shall be based on consideration of the following factors: (a) Lithology of the aquifer and unsaturated zone. (b) Hydraulic conductivity of the aquifer and unsaturated zone. (c) Groundwater flow rates. (2) Information documenting that the alternative frequency will be no less effective in ensuring that any leakage from the CCR unit will be discovered within a timeframe that will not materially delay establishment of an assessment monitoring program. (3) The owner or operator shall obtain a certification from a qualified professional engineer stating that the demonstration for an alternative groundwater sampling and analysis frequency meets the requirements of this rule. The owner or operator shall include the demonstration providing the basis for the alternative monitoring frequency and the certification by a qualified professional engineer in the annual groundwater monitoring and corrective action report required by paragraph (E) of rule 3745-525-900 of the Administrative Code. (E) If the owner or operator of the CCR unit determines, pursuant to paragraph (H) of rule 3745-525-920 of the Administrative Code that there is a statistically significant increase over background levels for one or more of the constituents listed in appendix A to rule 3745-525-900 of the Administrative Code at any monitoring well at the waste boundary specified under paragraph (A)(2) of rule 3745-525-910 of the Administrative Code, the owner or operator shall do the following: (1) Except as provided for in paragraph (E)(2) of this rule, within ninety days of detecting a statistically significant increase over background levels for any constituent, establish an assessment monitoring program meeting the requirements of rule 3745-525-940 of the Administrative Code. (2) The owner or operator may demonstrate that a source other than the CCR unit caused the statistically significant increase over background levels for a constituent or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. The owner or operator shall complete the written demonstration within ninety days of detecting a statistically significant increase over background levels to include obtaining a certification from a qualified professional engineer verifying the accuracy of the information in the report. If a successful demonstration is completed within the ninety-day period, the owner or operator of the CCR unit may continue with a detection monitoring program under this rule. If a successful demonstration is not completed within the ninety-day period, the owner or operator of the CCR unit shall initiate an assessment monitoring program as required under rule 3745-525-940 of the Administrative Code. The owner or operator shall also include the demonstration in the annual groundwater monitoring and corrective action report required by paragraph (E) of rule 3745-525-900 of the Administrative Code, in addition to the certification by a qualified professional engineer. (3) The owner or operator of a CCR unit shall prepare a notification stating that an assessment monitoring program has been established. The owner or operator has completed the notification when the notification is placed in the facility's operating record as required by paragraph (H)(5) of rule 3745-525-50 of the Administrative Code. (F) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:52 AM
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Rule 3745-525-940 | Assessment monitoring program, 40 C.F.R. 257.95.
Effective:
October 1, 2026
(A) Assessment monitoring is required whenever a statistically significant increase over background levels has been detected for one or more of the constituents listed in appendix A to rule 3745-525-900 of the Administrative Code. (B) Within ninety days of triggering an assessment monitoring program, and annually thereafter, the owner or operator of the CCR unit shall sample and analyze the groundwater for all constituents listed in appendix B to rule 3745-525-900 of the Administrative Code. The number of samples collected and analyzed for each well during each sampling event shall be consistent with paragraph (E) of rule 3745-525-920 of the Administrative Code, and shall account for any unique characteristics of the site, but shall be at least one sample from each well. (C) The owner or operator of a CCR unit may demonstrate the need for an alternative monitoring frequency for repeated sampling and analysis for constituents listed in appendix B to rule 3745-525-900 of the Administrative Code during the active life and the post-closure care period based on the availability of groundwater. If there is not adequate groundwater flow to sample wells semiannually, the alternative frequency shall be no less than annual. The need to vary monitoring frequency shall be evaluated on a site-specific basis. The demonstration shall be supported by, at a minimum, the information specified in paragraphs (C)(1) and (C)(2) of this rule. (1) Information documenting the need for less frequent sampling. The alternative frequency shall be based on consideration of the following factors: (a) Lithology of the aquifer and unsaturated zone. (b) Hydraulic conductivity of the aquifer and unsaturated zone. (c) Groundwater flow rates. (2) Information documenting that the alternative frequency will be no less effective in ensuring that any leakage from the CCR unit will be discovered within a timeframe that will not materially delay the initiation of any necessary remediation measures. (3) The owner or operator shall obtain a certification from a qualified professional engineer stating that the demonstration for an alternative groundwater sampling and analysis frequency meets the requirements of this rule. The owner or operator shall include the demonstration providing the basis for the alternative monitoring frequency and the certification by a qualified professional engineer in the annual groundwater monitoring and corrective action report required by paragraph (E) of rule 3745-525-900 of the Administrative Code. (D) After obtaining the results from the initial and subsequent sampling events required in paragraph (B) of this rule, the owner or operator shall do the following: (1) Within ninety days of obtaining the results, and on at least a semiannual basis thereafter, resample all wells that were installed pursuant to the requirements of rule 3745-525-910 of the Administrative Code, conduct analyses for all parameters in appendix A to rule 3745-525-900 of the Administrative Code and for those constituents in appendix B to rule 3745-525-900 of the Administrative Code that are detected in response to paragraph (B) of this rule, and record their concentrations in the facility operating record. The number of samples collected and analyzed for each background well and downgradient well during subsequent semiannual sampling events shall be consistent with paragraph (E) of rule 3745-525-920 of the Administrative Code and shall account for any unique characteristics of the site, but shall be at least one sample from each background and downgradient well. (2) Establish groundwater protection standards for all constituents detected pursuant to paragraph (B) or (D) of this rule. The groundwater protection standards shall be established in accordance with paragraph (H) of this rule. (3) Include the recorded concentrations required by paragraph (D)(1) of this rule, identify the background concentrations established under paragraph (B) of rule 3745-525-930 of the Administrative Code, and identify the groundwater protection standards established under paragraph (D)(2) of this rule in the annual groundwater monitoring and corrective action report required by paragraph (E) of rule 3745-525-900 of the Administrative Code. (E) If the concentrations of all constituents listed in appendix A and appendix B to rule 3745-525-900 of the Administrative Code are shown to be at or below background values, using the statistical procedures in paragraph (G) of rule 3745-525-920 of the Administrative Code, for two consecutive sampling events, the owner or operator may return to detection monitoring of the CCR unit. The owner or operator shall prepare a notification stating that detection monitoring is resuming for the CCR unit. The owner or operator has completed the notification when the notification is placed in the facility's operating record as required by paragraph (H)(7) of rule 3745-525-50 of the Administrative Code. (F) If the concentrations of any constituent in appendix A and appendix B to rule 3745-525-900 of the Administrative Code are above background values, but all concentrations are below the groundwater protection standard established under paragraph (H) of this rule, using the statistical procedures in paragraph (G) of rule 3745-525-920 of the Administrative Code, the owner or operator must continue assessment monitoring in accordance with this rule. (G) If one or more constituents in appendix B to rule 3745-525-900 of the Administrative Code are detected at statistically significant levels above the groundwater protection standard established under paragraph (H) of this rule in any sampling event, the owner or operator shall prepare a notification identifying the constituents in appendix B to rule 3745-525-900 of the Administrative Code that have exceeded the groundwater protection standard. The owner or operator has completed the notification when the notification is placed in the facility's operating record as required by paragraph (H)(8) of rule 3745-525-50 of the Administrative Code. The owner or operator of the CCR unit also shall do the following: (1) Characterize the nature and extent of the release and any relevant site conditions that may affect the remedy ultimately selected. The characterization shall be sufficient to support a complete and accurate assessment of the corrective measures necessary to effectively clean up all releases from the CCR unit pursuant to rule 3745-525-950 of the Administrative Code. Characterization of the release includes the following minimum measures: (a) Install additional monitoring wells necessary to define the contaminant plume. (b) Collect data on the nature and estimated quantity of material released including specific information on the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code and the levels at which the constituents are present in the material released. (c) Install at least one additional monitoring well at the facility boundary in the direction of contaminant migration and sample this well in accordance with paragraph (D)(1) of this rule. (d) Sample all wells in accordance with paragraph (D)(1) of this rule to characterize the nature and extent of the release. (2) Notify all persons who own the land or reside on the land that directly overlies any part of the plume of contamination if contaminants have migrated off-site if indicated by sampling of wells in accordance with paragraph (G)(1) of this rule. The owner or operator has completed the notifications when the notices are placed in the facility's operating record as required by paragraph (H)(8) of rule 3745-525-50 of the Administrative Code. (3) Within ninety days of finding that any of the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code have been detected at a statistically significant level exceeding the groundwater protection standards the owner or operator shall do either of the following: (a) Initiate an assessment of corrective measures as required by rule 3745-525-950 of the Administrative Code. (b) Demonstrate that a source other than the CCR unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. Any such demonstration shall be supported by a report that includes the factual or evidentiary basis for any conclusions and shall be certified to be accurate by a qualified professional engineer. If a successful demonstration is made, the owner or operator shall continue monitoring in accordance with the assessment monitoring program pursuant to this rule, and may return to detection monitoring if the constituents in appendix A and appendix B to rule 3745-525-900 of the Administrative Code are at or below background as specified in paragraph (E) of this rule. The owner or operator shall also include the demonstration in the annual groundwater monitoring and corrective action report required by paragraph (E) of rule 3745-525-900 of the Administrative Code, in addition to the certification by a qualified professional engineer. (4) If a successful demonstration has not been made at the end of the ninety-day period provided by paragraph (G)(3)(b) of this rule, the owner or operator of the CCR unit shall initiate the assessment of corrective measures requirements under rule 3745-525-950 of the Administrative Code. (5) The owner or operator shall prepare a notification stating that an assessment of corrective measures has been initiated. (H) The owner or operator of the CCR unit shall establish a groundwater protection standard for each constituent in appendix B to rule 3745-525-900 of the Administrative Code detected in the groundwater. The groundwater protection standard shall be the following: (1) For constituents for which a maximum contaminant level (MCL) has been established under 40 C.F.R. sections 141.62 and 141.66, the MCL for that constituent. (2) [Reserved.] (3) For constituents for which the background level is higher than the levels identified under paragraphs (H)(1) of this rule, the background concentration. (I) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 11:15 AM
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Rule 3745-525-950 | Assessment of corrective measures, 40 C.F.R. 257.96.
Effective:
October 1, 2026
(A) Within ninety days of finding that any constituent listed in appendix B to rule 3745-525-900 of the Administrative Code has been detected at a statistically significant level exceeding the groundwater protection standard defined under paragraph (H) of rule 3745-525-940 of the Administrative Code, or immediately upon detection of a release from a CCR unit, the owner or operator shall initiate an assessment of corrective measures to prevent further releases, to remediate any releases and to restore affected area to original conditions. The assessment of corrective measures shall be completed within ninety days, unless the owner or operator demonstrates the need for additional time to complete the assessment of corrective measures due to site-specific conditions or circumstances. The owner or operator shall obtain a certification from a qualified professional engineer attesting that the demonstration is accurate. The ninety-day deadline to complete the assessment of corrective measures may be extended for no longer than sixty days. The owner or operator shall also include the demonstration in the annual groundwater monitoring and corrective action report required by paragraph (E) of rule 3745-525-900 of the Administrative Code, in addition to the certification by a qualified professional engineer. (B) The owner or operator of the CCR unit shall continue to monitor groundwater in accordance with the assessment monitoring program as specified in rule 3745-525-940 of the Administrative Code. (C) The assessment under paragraph (A) of this rule shall include an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described under rule 3745-525-960 of the Administrative Code addressing at least the following: (1) The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination. (2) The time required to begin and complete the remedy. (3) The institutional requirements, such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy. (D) The owner or operator shall place the completed assessment of corrective measures in the facility's operating record. The assessment has been completed when it is placed in the facility's operating record as required by paragraph (H)(10) of rule 3745-525-50 of the Administrative Code. (E) The owner or operator shall discuss the results of the corrective measures assessment at least thirty days prior to the selection of remedy, in a public meeting with interested and affected parties. (F) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 11:01 AM
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Rule 3745-525-960 | Selection of remedy, 40 C.F.R. 257.97.
Effective:
October 1, 2026
(A) Based on the results of the corrective measures assessment conducted under rule 3745-525-950 of the Administrative Code, the owner or operator shall, as soon as feasible, select a remedy that, at a minimum, meets the standards listed in paragraph (B) of this rule. This requirement applies in addition to, not in place of, any applicable standards under the Occupational Safety and Health Act of 1970, 84 Stat. 1590, 29 U.S.C. 651. The owner or operator shall prepare a semiannual report describing the progress in selecting and designing the remedy. Upon selection of a remedy, the owner or operator shall prepare a final report describing the selected remedy and how it meets the standards specified in paragraph (B) of this rule. The owner or operator shall obtain a certification from a qualified professional engineer that the remedy selected meets the requirements of this rule. The report has been completed when it is placed in the operating record as required by paragraph (H)(12) of rule 3745-525-50 of the Administrative Code. (B) Remedies shall do the following: (1) Be protective of human health and the environment. (2) Attain the groundwater protection standard as specified pursuant to paragraph (H) of rule 3745-525-940 of the Administrative Code. (3) Control the source of releases so as to reduce or eliminate, to the maximum extent feasible, further releases of constituents in appendix B to rule 3745-525-900 of the Administrative Code into the environment. (4) Remove from the environment as much of the contaminated material that was released from the CCR unit as is feasible, taking into account factors such as avoiding inappropriate disturbance of sensitive ecosystems. (5) Comply with standards for management of wastes as specified in paragraph (D) of rule 3745-525-970 of the Administrative Code. (C) In selecting a remedy that meets the standards of paragraph (B) of this rule, the owner or operator of the CCR unit shall consider the following evaluation factors: (1) Be The long- and short-term effectiveness and protectiveness of the potential remedy, along with the degree of certainty that the remedy will prove successful based on consideration of the following:protective of human health and the environment. (a) Magnitude of reduction of existing risks. (b) Magnitude of residual risks in terms of likelihood of further releases due to CCR remaining following implementation of a remedy. (c) The type and degree of long-term management required, including monitoring, operation, and maintenance. (d) Short-term risks that might be posed to the community or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and re-disposal of contaminant. (e) Time until full protection is achieved. (f) Potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, re-disposal, or containment. (g) Long-term reliability of the engineering and institutional controls. (h) Potential need for replacement of the remedy. (2) The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of the following factors: (a) The extent to which containment practices will reduce further releases. (b) The extent to which treatment technologies may be used. (3) The ease or difficulty of implementing a potential remedy based on consideration of the following types of factors: (a) Degree of difficulty associated with constructing the technology. (b) Expected operational reliability of the technologies. (c) Need to coordinate with and obtain necessary approvals and permits from other agencies. (d) Availability of necessary equipment and specialists. (e) Available capacity and location of needed treatment, storage, and disposal services. (4) The degree to which community concerns are addressed by a potential remedy. (D) The owner or operator shall specify as part of the selected remedy a schedule for implementing and completing remedial activities. Such a schedule shall require the completion of remedial activities within a reasonable period of time taking into consideration the factors set forth in paragraphs (D)(1) to (D)(6) of this rule. The owner or operator of the CCR unit shall consider the following factors in determining the schedule of remedial activities: (1) Extent and nature of contamination, as determined by the characterization required under paragraph (G) of rule 3745-525-940 of the Administrative Code. (2) Reasonable probabilities of remedial technologies in achieving compliance with the groundwater protection standards established under paragraph (H) of rule 3745-525-940 of the Administrative Code and other objectives of the remedy. (3) Availability of treatment or disposal capacity for CCR managed during implementation of the remedy. (4) Potential risks to human health and the environment from exposure to contamination prior to completion of the remedy. (5) Resource value of the aquifer including the following: (a) Current and future uses. (b) Proximity and withdrawal rate of users. (c) Groundwater quantity and quality. (d) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to CCR constituents. (e) The hydrogeologic characteristic of the facility and surrounding land. (f) The availability of alternative water supplies. (6) Other relevant factors. (E) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:52 AM
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Rule 3745-525-970 | Implementation of the corrective action program, 40 C.F.R. 257.98.
Effective:
October 1, 2026
(A) Within ninety days of selecting a remedy under rule 3745-525-960 of the Administrative Code, the owner or operator shall initiate remedial activities. Based on the schedule established under paragraph (D) of rule 3745-525-960 of the Administrative Code for implementation and completion of remedial activities the owner or operator shall do the following: (1) Establish and implement a corrective action groundwater monitoring program that does the following: (a) At a minimum, meets the requirements of an assessment monitoring program under rule 3745-525-940 of the Administrative Code. (b) Documents the effectiveness of the corrective action remedy. (c) Demonstrates compliance with the groundwater protection standard pursuant to paragraph (C) of this rule. (2) Implement the corrective action remedy selected under rule 3745-525-960 of the Administrative Code. (3) Take any interim measures necessary to reduce the contaminants leaching from the CCR unit, and potential exposures to human or ecological receptors. Interim measures shall, to the greatest extent feasible, be consistent with the objectives of and contribute to the performance of any remedy that may be required pursuant to rule 3745-525-960 of the Administrative Code. The following factors shall be considered by an owner or operator in determining whether interim measures are necessary: (a) Time required to develop and implement a final remedy. (b) Actual or potential exposure of nearby populations or environmental receptors to any of the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code. (c) Actual or potential contamination of drinking water supplies or sensitive ecosystems. (d) Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously. (e) Weather conditions that may cause any of the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code to migrate or be released. (f) Potential for exposure to any of the constituents listed in appendix B to rule 3745-525-900 of the Administrative Code as a result of an accident or failure of a container or handling system. (g) Other situations that may pose threats to human health and the environment. (B) If an owner or operator of the CCR unit, determines, at any time, that compliance with the requirements of paragraph (B) of rule 3745-525-960 of the Administrative Code is not being achieved through the remedy selected, the owner or operator shall implement other methods or techniques that could feasibly achieve compliance with the requirements. (C) Remedies selected pursuant to rule 3745-525-960 of the Administrative Code shall be considered complete when the following occur: (1) The owner or operator of the CCR unit demonstrates compliance with the groundwater protection standards established under paragraph (H) of rule 3745-525-940 of the Administrative Code has been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established under rule 3745-525-910 of the Administrative Code. (2) Compliance with the groundwater protection standards established under paragraph (H) of rule 3745-525-940 of the Administrative Code has been achieved by demonstrating that concentrations of constituents listed in appendix B to rule 3745-525-900 of the Administrative Code have not exceeded the groundwater protection standard for a period of three consecutive years using the statistical procedures and performance standards in paragraphs (F) and (G) of rule 3745-525-920 of the Administrative Code. (3) All actions required to complete the remedy have been satisfied. (D) All CCR that are managed pursuant to a remedy required under rule 3745-525-960 of the Administrative Code, or an interim measure required under paragraph (A)(3) of this rule, shall be managed in a manner that complies with all applicable requirements of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901. (E) Upon completion of the remedy, the owner or operator shall prepare a notification stating that the remedy has been completed. The owner or operator shall obtain a certification from a qualified professional engineer attesting that the remedy has been completed in compliance with the requirements of paragraph (C) of this rule. The report has been completed when it is placed in the operating record as required by paragraph (H)(13) of rule 3745-525-50 of the Administrative Code. (F) The owner or operator of the CCR unit shall comply with the recordkeeping requirements specified in paragraph (H) of rule 3745-525-50 of the Administrative Code, the notification requirements specified in paragraph (H) of rule 3745-525-60 of the Administrative Code, and the internet requirements specified in paragraph (H) of rule 3745-525-70 of the Administrative Code.
Last updated October 1, 2026 at 9:23 AM
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