Ohio Admin. Code 3745-55-97 - Closure and post-closure care
(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.
Notes
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.12
Rule amplifies: RC 3734.12
RC 119.032 Review Date: Exempt
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