Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-13 - Financial assurance for final closure

Current through all regulations passed and filed through July 1, 2024
[Comment: Financial assurance for construction and demolition
				debris facilities includes financial assurance for final closure as required by
				this rule and financial assurance for postclosure care as required by rule
				3745-400-18
				of the Administrative Code.]
(A)
			 Financial assurance procedures.
(1)
			 Construction and demolition debris facility and
			 co-located processing facility. The owner or operator of a construction
			 and demolition debris facility shall establish and maintain financial assurance
			 for final closure of the facility and a co-located
			 processing facility, if applicable, as required by paragraph (S) of rule
			 3745-400-11
			 of the Administrative Code. Financial assurance may be established and
			 maintained through the use of one of the options specified in paragraphs (B) to
			 (F) of this rule, unless it is demonstrated to the satisfaction of the director
			 or health commissioner of the licensing authority that an alternate option will
			 guarantee funding for final closure. The owner or operator may use the options
			 in combination as specified in paragraph (G) of this rule. Financial assurance
			 documentation shall be submitted and include the information specified in this
			 paragraph and in rule
			 3745-400-18
			 of the Administrative Code.
[Comment: Because many local health departments had
				construction and demolition rules in place prior to September 30, 1996, many
				existing facilities may have financial assurance mechanisms already
				established. These mechanisms may be acceptable alternatives to the mechanisms
				outlined in this rule.]
(a) Final
			 closure cost estimate. Financial assurance documentation shall include
			 a final closure cost estimate that calculates the cost
			 of conducting final closure activities in accordance with rule
			 3745-400-12
			 of the Administrative Code
										and includes the following, as
			 applicable:
(i)
											Construction and demolition debris facility. An itemized
			 written closure cost estimate calculated in current dollars and
			  based upon a third party conducting all
			 of the final closure activities as specified in rule
			 3745-400-12
			 of the Administrative Code for the construction and
			 demolition debris facility. The amount of the final closure cost estimate
			 shall not be less than thirteen thousand dollars per acre to the nearest tenth
			 of an acre as established in the license application for the construction and
			 demolition debris facility for areas that have been or are being used for
			 disposal.
(ii)
											Co-located processing facility. A fixed per cubic yard
			 closure cost estimate for the co-located processing facility, calculated as
			 follows:
(a)
												If
			 the owner or operator demonstrates annually in the license application that the
			 facility has sufficient constructed and certified airspace to dispose of the
			 maximum volume of mixed C&DD specified in the facility design plan, by
			 multiplying the maximum volume of mixed C&DD as follows:
(i)
													For mixed
			 C&DD located within the active licensed disposal area, four dollars and
			 twenty-five cents.
(ii)
													For mixed C&DD located outside of the active
			 licensed disposal area but within the facility boundary, eight dollars and
			 twenty-five cents.
(b)
												If the owner or
			 operator cannot demonstrate annually in the license application that the
			 facility has sufficient constructed and certified airspace to dispose of the
			 maximum volume of mixed C&DD specified in the facility design plan, by
			 multiplying the maximum volume of mixed construction and demolition debris by
			 thirty-five dollars.
(c)
												Paragraphs (A)(1)(a)(ii)(a) and (A)(1)(a)(ii)(b) of
			 this rule do not apply to the owner or operator of a co-located processing
			 facility with a final closure cost estimate equal to five thousand five hundred
			 dollars or less.