(A) The owner or operator of a hazardous
waste disposal unit shall have a detailed written estimate, in current dollars,
of the annual cost of post-closure monitoring and maintenance of the facility
in accordance with the applicable post-closure provisions in rules
3745-66-17
to
3745-66-21,
3745-67-28,
3745-67-58,
3745-67-80,
and
3745-68-10
of the Administrative Code.
(1) The
post-closure cost estimate shall be based on the costs to the owner or operator
of hiring a third party to conduct post-closure care activities. A "third
party" is a party who is neither a parent nor a subsidiary of the owner or
operator (see the definition of "parent corporation" in rule
3745-66-41
of the Administrative Code).
(2)
The post-closure cost estimate is calculated by multiplying the annual
post-closure cost estimate by the number of years of post-closure care required
under rule
3745-66-17
of the Administrative Code.
(B) During the active life of the facility,
the owner or operator shall adjust the post-closure cost estimate for inflation
within sixty days prior to the anniversary date of the establishment of the
financial instruments used to comply with rule
3745-66-45
of the Administrative Code. For owners or operators using the financial test or
corporate guarantee, the post-closure care cost estimate shall be updated for
inflation no later than thirty days after the close of the firm's fiscal year
and before submittal of updated information to the director as specified in
paragraph (D)(5) of rule
3745-66-45
of the Administrative Code. The adjustment may be made by recalculating the
post-closure cost estimate in current dollars or by using an inflation factor
derived as specified in
40 CFR
265.144(b).
(1) The first adjustment is made by
multiplying the post-closure cost estimate by the inflation factor. The result
is the adjusted post-closure cost estimate.
(2) Subsequent adjustments are made by
multiplying the latest adjusted post-closure cost estimate by the latest
inflation factor.
(C)
During the active life of the facility, the owner or operator shall revise the
post-closure cost estimate no later than thirty days after a revision to the
post-closure plan which increases the cost of post-closure care. If the owner
or operator has an approved postclosure plan, the post-closure cost estimate
shall be revised no later than thirty days after the director has approved the
request to modify the plan, if the change in the post-closure plan increases
the cost of post-closure care. The revised post-closure cost estimate shall be
adjusted for inflation as specified in paragraph (B) of this rule.
(D) The owner or operator shall keep
the following at the facility during the
operating life of the facility: the latest
post-closure cost estimate prepared in accordance with paragraphs (A) and (C)
of this rule and, when the estimate has been adjusted in accordance with
paragraph (B) of this rule, the latest adjusted post-closure cost
estimate.
(E) A copy of the
facility's current, detailed post-closure cost estimate prepared and maintained
in accordance with paragraphs (A) and (B) of this rule shall be submitted
annually to the director.
(1) For owners or
operators using a financial mechanism other than the financial test, such
submittal of the post-closure cost estimate to the director shall be made
within sixty days
following
after a
revision or update to the estimate made in accordance with paragraph (B) of
this rule.
(2) For owners or
operators using a financial test, such submittal of the post-closure cost
estimate to the director shall be made within ninety days after the close of
the firm's fiscal year
following
after a revision or update to the estimate made in
accordance with paragraph (B) of this rule.
[Comment 1: As used in this rule, "detailed post-closure cost
estimate" means a listing of the specific costs associated with each major
phase of facility post-closure activity for each hazardous waste management
unit, including but not limited to: ground
water monitoring, maintenance of final cap and cover, erosion and wind
dispersal control, and leachate collection and disposal activities.]
[Comment 2: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
rule
3745-50-11
of the Administrative Code titled "Incorporated by
reference."]
Notes
Ohio Admin. Code
3745-66-44
Effective:
9/29/2021
Five Year Review (FYR) Dates:
6/7/2021 and
06/05/2026
Promulgated
Under:
119.03
Statutory Authority:
3734.12
Rule Amplifies:
3734.12
Prior Effective Dates: 04/15/1981, 11/29/1983, 05/29/1985 (Emer.),
08/29/1985, 11/13/1987, 12/08/1988, 02/14/1995, 11/11/1999, 03/13/2002,
12/07/2004, 09/05/2010, 03/24/2017