Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-55 - Corrective Action, Closure, Post-Closure, and Financial Requirements › Section 3745-55-97 - Closure and post-closure care

Current through all regulations
			 passed and filed through July 1, 2024
(A) At closure of a tank system, the owner or
			 operator must remove or decontaminate all waste residues, contaminated
			 containment system components (liners, etc.), contaminated soils, and
			 structures and equipment contaminated with waste, and manage them as hazardous
			 waste, unless excluded under the provisions of rule
			 3745-51-03
			 of the Administrative Code. The closure plan, closure activities, cost
			 estimates for closure, and financial responsibility for tank systems must meet
			 all of the requirements specified in rules
			 3745-55-10
			 to
			 3745-55-20
			 and
			 3745-55-40
			 to
			 3745-55-51
			 of the Administrative Code.
(B) If
			 the owner or operator demonstrates that not all contaminated soils can be
			 practically removed or decontaminated as required in paragraph (A) of this
			 rule, then the owner or operator must close the tank system and perform
			 post-closure care requirements that apply to landfills in accordance with rule
			 3745-57-10
			 of the Administrative Code. In addition, for the purposes of closure,
			 post-closure, and financial responsibility, such a tank system is then
			 considered to be a landfill, and the owner or operator must meet all of the
			 requirements for landfills specified in rules
			 3745-55-10
			 to
			 3745-55-20
			 and
			 3745-55-40
			 to
			 3745-55-51
			 of the Administrative Code.
(C) If
			 an owner or operator has a tank system that does not have secondary containment
			 that meets the requirements of paragraphs (B) to (F) of rule
			 3745-55-93
			 of the Administrative Code and has not been granted a variance from the
			 secondary containment requirements in accordance with paragraph (G) of rule
			 3745-55-93
			 of the Administrative Code, then:
(1) The
			 closure plan for the tank system must include both a plan for complying with
			 paragraph (A) of this rule and a contingent plan for complying with paragraph
			 (B) of this rule.
(2) A contingency
			 post-closure plan for complying with paragraph (B) of this rule must be
			 prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure
			 and post-closure care must reflect the costs of complying with the contingent
			 closure plan and the contingent post-closure plan, if those cots are greater
			 than the costs of complying with the closure plan prepared for the expected
			 closure under paragraph (A) of this rule.
(4) Financial assurance must be based on the
			 cost estimates in paragraph (C)(3) of this rule.
(5) For the purposes of the contingent
			 closure and post-closure plans, such a tank system is considered to be a
			 landfill, and the contingent plans must meet all of the closure, post-closure,
			 and financial responsibility requirements for landfills under rules
			 3745-55-10
			 to
			 3745-55-20
			 and
			 3745-55-40
			 to
			 3745-55-51
			 of the Administrative Code.