Ohio Administrative Code|Rule 3745-27-15 | Financial assurance for solid waste facility or scrap tire transporter closure.

                                                
(A) Applicability.
(1) For sanitary landfill
			 facilities, solid waste incinerators, scrap tire storage facilities, scrap tire
			 recovery facilities, and scrap tire transporters, financial assurance
			 information shall be submitted as part of a permit to install or registration
			 certificate application for a new solid waste facility, for a modification that
			 increases the closure cost estimate of an existing facility, or as part of a
			 permit to install application submitted in response to division (A)(3) or
			 (A)(4) of section 3734.05 of the Revised Code.
(2) For sanitary landfill
			 facilities subject to paragraph (A) of rule 3745-27-11 or 3745-30-09 of the
			 Administrative Code, as applicable, the owner or operator shall submit to Ohio
			 EPA a closure financial assurance instrument in accordance with this
			 rule.
(B) Implementation.
(1) The owner or operator
			 of a solid waste facility shall execute and fund the closure financial
			 assurance instrument submitted as a part of a permit to install or registration
			 certification application prior to receipt of solid waste at a new solid waste
			 facility, prior to acceptance of waste pursuant to a modification that
			 increases closure cost estimates of an existing solid waste facility, or prior
			 to issuance of a permit to install for which an application was submitted in
			 response to division (A)(3) or (A)(4) of section 3734.05 of the Revised
			 Code.
(2) The owner or operator
			 of a sanitary landfill facility subject to paragraph (A) of rule 3745-27-11 or
			 3745-30-09 of the Administrative Code, as applicable, shall execute and fund
			 the closure financial assurance instrument not later than sixty days after
			 approval of the closure/post-closure care plan.
(3) Scrap tire
			 transporters shall execute and fund the closure financial assurance instrument
			 submitted as part of a registration certificate application prior to issuance
			 of a registration certificate.
(C) Closure financial assurance
		  instrument.
(1) Solid waste
			 facilities.
(a) The closure financial assurance instrument for a sanitary
				landfill facility or solid waste incinerator shall contain an itemized written
				estimate, in current dollars, of the cost of closure. The closure cost estimate
				shall be based on the closure costs at the point in the operating life of the
				facility when the extent and manner of its operation would make the closure the
				most expensive, and be based on a third party conducting the closure
				activities. Ohio EPA may review, approve, or require revisions to the closure
				cost estimate or to the closure financial assurance instrument.
(b) The closure financial assurance instrument for a scrap tire
				storage or recovery facility shall contain an itemized written estimate, in
				current dollars, of the cost for a third party to complete closure of the
				facility. Ohio EPA may review, approve, or require revisions to the closure
				cost estimate or to the closure financial assurance instrument. The cost
				estimate shall be based on one of the following:
(i) The cost of closure
				  performed in accordance with rule 3745-27-66 of the Administrative
				  Code.
(ii) The fixed fee
				  closure cost estimate calculated in accordance with paragraph (C)(3) of this
				  rule.
(c) The closure financial assurance instrument for a mobile scrap
				tire recovery facility or for portable equipment operated by a licensed class I
				or II scrap tire recovery facility at a site other than the facility's
				licensed site shall contain a closure cost estimate of fifty thousand
				dollars.
(2) For a scrap tire
			 transporter, the financial assurance instrument shall contain a closure cost
			 estimate of twenty thousand dollars.
(3) For the purposes of
			 this rule, the fixed fee closure cost estimate for a solid waste facility that
			 is a scrap tire storage or scrap tire recovery facility shall be calculated as
			 shown in rule 3745-27-61 of the Administrative Code. The closure cost estimate
			 shall be based on the closure costs at the point in the operating life of the
			 facility when the extent and manner of its operation would make the closure the
			 most expensive, and shall be based on a third party conducting the closure
			 activities. Ohio EPA may review, approve, or require revisions to the closure
			 cost estimate or to the closure financial assurance instrument.
(D) Review of closure financial assurance
		  instruments. The owner or operator of a solid waste facility shall submit the
		  most recently adjusted closure cost estimate to the director by certified mail
		  or any other form of mail accompanied by a receipt. The owner or operator of a
		  solid waste facility or scrap tire transporter that has a closure cost estimate
		  greater than twenty thousand dollars shall do the following:
(1) Annually review and
			 analyze the closure cost estimate and make any appropriate revisions to the
			 estimates and to the financial assurance instrument whenever a change in the
			 closure activities increases the cost of closure. Any revised closure cost
			 estimate shall be adjusted for inflation as specified in paragraph (D)(2) of
			 this rule.
(2) Annually adjust the
			 closure cost estimate for inflation. The adjustment shall be made 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 closure cost
				estimate by the inflation factor. The result is the adjusted closure cost
				estimate.
(b) For subsequent adjustments, by multiplying the most recently
				adjusted closure cost estimate by the most recent inflation
				factor.
(E) The owner or operator of a solid
		  waste facility or scrap tire transporter shall select a closure 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) Closure trust fund.
(1) The owner or operator
			 may satisfy the requirements of this rule by establishing a closure 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 (B) of this rule and by submitting a copy into the operating record
			 of the facility in accordance with rule 3745-27-09 of the Administrative Code,
			 if applicable. 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 3745-27-17 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
			 provided for in the agreement.
(3) A closure trust fund
			 shall be established to secure an amount at least equal to the current closure
			 cost estimate or the scrap tire transporter cost estimate, except as provided
			 in paragraph (M) of this rule. Except for payments made in accordance with
			 paragraph (F)(4) of this rule, payments to the trust fund shall be made
			 annually by the owner or operator during the pay-in period. The pay-in period
			 shall be the anticipated life of the facility as calculated using the
			 authorized maximum daily waste receipt and the approved volume of the solid
			 waste facility as shown in the authorizing document. A receipt from the trustee
			 for each payment shall be submitted by the owner or operator to the director
			 and the first payment into the closure trust fund shall be at least equal to
			 the current closure cost estimate divided by the number of years in the pay-in
			 period, except as provided in paragraph (M) of this rule and shall be made in
			 accordance with this rule. Subsequent payments to the closure trust fund shall
			 be made as follows:
(a)  Not later than thirty days after each anniversary date of
				the first payment. The amount of each subsequent payment shall be determined by
				performing the following calculation:
Next payment = (CE - CV) / Y
Where CE is the current closure cost
				estimate, CV is the current value of the trust fund, and Y is the number of
				years remaining in the pay-in period.
(b) If the owner or operator establishes a trust fund, as
				specified in this rule, and the value of the trust fund is less than any
				revised current closure cost estimate made during the pay-in period, the amount
				of the current closure cost estimate still to be paid into the trust fund shall
				be paid in over the pay-in period, as defined in paragraph (F)(3) of this rule.
				Payments shall continue to be made not later than thirty days after each
				anniversary date of the first payment pursuant to paragraph (F)(3)(a) of this
				rule. The amount of each payment shall be determined by performing the
				following calculation:
Next payment = (CE - CV) / Y
Where CE is the current closure cost
				estimate, CV is the current value of the trust fund, and Y is the number of
				years remaining in the pay-in period.
(c) The owner or operator may make the first installment of the
				pay-in period by providing alternative financial insurance using one of the
				mechanisms specified in paragraph (G), (I), or (J) of this rule in an amount at
				least equal to the first installment. On the anniversary date of the first
				installment, the owner or operator shall pay into the trust an amount at least
				equal to the first and second installments required by this paragraph or select
				an alternative financial assurance mechanism.
(4) The owner or operator
			 may accelerate payments into the trust fund or deposit the full amount of the
			 current closure cost estimate at the time the fund is established. The owner or
			 operator shall maintain the value of the fund at no less than the value of the
			 fund if annual payments were made as specified in paragraph (F)(3) of this
			 rule.
(5) If the owner or
			 operator establishes a closure trust fund after having begun funding closure
			 under any mechanism specified in this rule, the closure trust fund shall be
			 established by depositing the total value of all prior mechanisms into the
			 newly established trust fund. The subsequent annual payments shall be made as
			 specified in paragraph (F)(3) of this rule.
(6) After the pay-in
			 period of a trust fund has ended and the current closure 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 closure cost estimate, or obtain
			 alternative financial assurance as specified in this rule to compensate for the
			 difference.
(7) 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 closure cost
				estimate, if the value of the trust fund is greater than the total amount of
				the current closure 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.
(8) Reimbursement for
			 closure at solid waste facilities. After beginning closure the owner or
			 operator, or any other person authorized by the owner, operator, or director to
			 perform closure, may request reimbursement for closure expenditures by
			 submitting itemized bills to the director. After receiving itemized bills for
			 closure activities, the director shall determine whether the closure
			 expenditures are in accordance with the closure/post-closure plan, permit or
			 registration 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 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 of the facility.
(9) The owner or operator
			 may request reimbursement from the scrap tire transporter trust fund as
			 follows:
(a) When the requirements of paragraph (O) of this rule have been
				met.
(b) To remove and properly dispose of scrap tires that have been
				open dumped by the scrap tire transporter.
(c) To comply with rule 3745-27-79 of the Administrative
				Code.
(d) To cover the owner or operator's liability for sudden,
				accidental occurrences that result in damage or injury to persons or property
				or to the environment.
(e) For expenditures specified in this rule that may be
				reimbursed by submitting itemized bills to the director. After receiving
				itemized bills, the director shall determine whether the expenditures are
				authorized by this rule and are in accordance with the applicable requirements
				of Chapter 3745-27 of the Administrative Code, 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 has reason to believe that the
				value of the trust fund will be insufficient to cover the cost of the required
				activities, 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 scrap tire transporter financial assurance.
(10) The director may
			 agree to termination of trust when one of the following occurs:
(a) The owner or operator substitutes alternative financial
				assurance for closure 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 closure of the
				facility or for a scrap tire transporter.
(G) Surety bond guaranteeing payment into
		  a closure 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 paragraphs (A) and
			 (B) of this rule and by submitting a copy of the bond into the operating record
			 in accordance with rule 3745-27-09 of the Administrative Code, if applicable.
			 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 3745-27-17 of the Administrative Code on forms prescribed by the
			 director.
(3) The owner or operator
			 who uses a surety bond to satisfy the requirement of 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 and a copy shall be placed in
				the operating record in accordance with rule 3745-27-09 of the Administrative
				Code, if applicable.
(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 current closure cost
				  estimate or scrap tire transporter closure 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, as applicable:
(a) Funds the standby trust fund in an amount equal to the penal
				sum of the bond before the beginning of closure of the facility.
(b) For a solid waste facility, funds the standby trust fund in
				an amount equal to the penal sum not later than fifteen days after a mandatory
				closure in accordance with the closure/post-closure care plan, permit or
				registration requirements, and applicable rules.
(c) For a scrap tire transporter, funds the standby trust fund in
				an amount equal to the penal sum of the bond in accordance with the following,
				as applicable:
(i) Before the
				  registration certificate issued to the scrap tire transporter has expired and a
				  renewal registration has not been applied for in the manner prescribed in this
				  chapter.
(ii) Not later than
				  fifteen days after the denial of a renewal registration certificate applied for
				  by the owner or operator.
(iii) Not later than
				  fifteen days after the suspension or revocation of the registration certificate
				  issued to the owner or operator.
(d) 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 closure cost estimate
			 except as provided in paragraph (M) of this rule.
(7) Whenever the current
			 closure 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 closure cost estimate and submit evidence
			 of such increase to the director, and into the operating record in accordance
			 with rule 3745-27-09 of the Administrative Code, if applicable, or obtain
			 alternative financial assurance, as specified in this rule, to compensate for
			 the increase. Whenever the current closure cost estimate decreases, the penal
			 sum 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 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 closure of a facility or for a scrap tire transporter 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 a facility or for a
				scrap tire transporter.
(H) Surety bond guaranteeing performance
		  of closure.
(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 paragraphs (A)
			 and (B) of this rule and by submitting a copy of the surety bond into the
			 operating record of the facility in accordance with rule 3745-27-09 of the
			 Administrative Code, if applicable. 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 3745-27-17 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, and a copy shall be placed
				in the operating record in accordance with rule 3745-27-09 of the
				Administrative Code, if applicable.
(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 current closure cost
				  estimate or the scrap tire transporter 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, as applicable:
(a) For a solid waste facility, performs closure in accordance
				with the closure/post-closure plan, permit or registration requirements, and
				applicable rules.
(b) For a scrap tire transporter, the following, as
				applicable:
(i) Removes and properly
				  disposes of any scrap tires in the scrap tire transporter's possession or
				  which have been open dumped by the scrap tire transporter.
(ii) Complies with the
				  requirements of rule 3745-27-79 of the Administrative Code.
(iii) Provides coverage
				  for the owner or operator's liability for sudden, accidental occurrences
				  that result in damage or injury to persons or property or to the
				  environment.
(c) Provides alternative financial assurance as specified in this
				rule and obtains the director's written approval of the alternative
				financial assurance provided not later than ninety days after both the owner or
				operator and the director receive notice of cancellation of the bond from the
				surety.
(5)  
(a) 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 solid waste facility has failed to perform closure activities
				in accordance with the closure/post-closure care plan, permit or registration
				requirements, and applicable rules, the surety shall perform closure in
				accordance with the closure/post-closure care plan, permit or registration
				requirements, and applicable rules, or will deposit the amount of the penal sum
				into the standby trust fund.
(b) In the case of a scrap tire transporter, following a
				determination by the director that the owner or operator has failed to perform
				the activities specified in paragraph (H)(4)(b) of this rule, the surety shall
				perform the activities specified in paragraph (H)(4)(b) of this rule, 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 closure cost estimate
			 or the scrap tire transporter cost estimate.
(7) Whenever the current
			 closure 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 closure cost estimate and submit evidence
			 of such increase to the director, and into the operating record in accordance
			 with rule 3745-27-09 of the Administrative Code, if applicable, or obtain
			 alternative financial assurance, as specified in this rule, to compensate for
			 the increase. Whenever the current closure cost estimate decreases, the penal
			 sum 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 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 closure of a facility or for a scrap tire transporter 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 closure of a facility
				or for a scrap tire transporter.
(10) The surety shall not
			 be liable for deficiencies in the completion of closure of a facility or scrap
			 tire transporter 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 of a
			 facility or for a scrap tire transporter.
(I) Closure letter of
		  credit.
(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 paragraphs (A) and
			 (B) of this rule and by submitting a copy of the letter of credit into the
			 operating record of the facility in accordance with rule 3745-27-09 of the
			 Administrative Code, if applicable. 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 3745-27-17 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, and a copy shall placed
				in the operating record in accordance with rule 3745-27-09 of the
				Administrative Code, if applicable.
(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 closure cost
				  estimate or the scrap tire transporter closure cost estimate.
(iii) Annual valuations
				  as required by the trust agreement.
(iv) Notices of
				  nonpayment 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: the names and addresses of the solid waste facility and
			 the owner and the operator and the amount of funds assured for closure of the
			 facility by the letter of credit or in the case of scrap tire transporters, the
			 name and address of the owner and the operator.
(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 closure cost
			 estimate, or the scrap tire transporter closure cost estimate except as
			 provided in paragraph (M) of this rule.
(7) Whenever the current
			 closure 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 and into the operating record in accordance with rule
			 3745-27-09 of the Administrative Code, if applicable, 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) For a solid waste facility, perform closure in accordance
				with the closure/post-closure care plan, permit or registration requirements,
				and applicable rules.
(b) For a scrap tire transporter the following, as
				applicable:
(i) Remove and properly
				  dispose of any scrap tires which have been open dumped by the scrap tire
				  transporter.
(ii) Comply with rule
				  3745-27-79 of the Administrative Code.
(iii) To cover the owner
				  or operator's liability for sudden, accidental occurrences that result in
				  damage or injury to persons or property or to the environment.
(c) 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 closure of a facility or a scrap tire transporter 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 a facility or a scrap
				tire transporter.
(J) Closure insurance.
(1) The owner or operator
			 may satisfy the requirements of this rule by obtaining closure 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 paragraphs (A) and
			 (B) of this rule, and if the facility is a sanitary landfill facility, by
			 submitting a copy of the certificate of insurance into the operating record in
			 accordance with rule 3745-27-09 of the Administrative Code. 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 3745-27-17 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 closure
			 cost estimate or the scrap tire transporter cost estimate, 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 closure insurance policy shall
			 guarantee that funds will be available to close the facility whenever closure
			 is mandated. The policy shall also guarantee that once closure 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) The scrap tire transporter insurance
			 policy shall guarantee that funds will be available to perform the authorized
			 closure activities whenever such activities are mandated. The policy shall also
			 guarantee that once such activities begin, 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.
(6) Reimbursement for closure. The owner
			 or operator, or any other person authorized by the owner, operator, or director
			 to perform closure, may request reimbursement for closure expenditures by
			 submitting itemized bills to the director. After receiving itemized bills for
			 closure activities, the director shall determine whether the closure
			 expenditures are in accordance with the closure/post-closure care plan, permit
			 or registration requirements, and 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 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 facility or scrap tire transporter.
(7) 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)(11) 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.
(8) 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.
(9) 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 and the policy will remain in full force and effect, if the
			 following occurs on or before the date of expiration:
(a) For a solid waste facility, any activities required by the
				closure/post-closure care plan, permit or registration requirements, and
				applicable rules have not been completed.
(b) For a scrap tire transporter, a determination that the owner
				or operator has failed to perform the closure activities specified in the
				registration requirements and applicable rules.
(c) Closure of the facility is ordered by the director or a court
				of competent jurisdiction, or characterization and remediation in accordance
				with rule 3745-27-79 of the Administrative Code is ordered by the director or a
				court of competent jurisdiction.
(d) The owner or operator is named as debtor in a voluntary or
				involuntary proceeding under title 11 (bankruptcy), U.S. Code.
(e) The premium due is paid.
(10) Whenever the current closure 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 closure cost estimate and submit evidence of such increase to the
			 director, and into the operating record in accordance with rule 3745-27-09 of
			 the Administrative Code, if applicable, or obtain alternative financial
			 assurance as specified in this rule to compensate for the increase. Whenever
			 the current closure cost estimate decreases, the face amount may be reduced to
			 the amount of the current closure cost estimate following written approval by
			 the director.
(11) 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 closure of a facility or a scrap tire transporter 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 a facility or a scrap
				tire transporter.
(K) Financial test and corporate
		  guarantee for closure of a solid waste facility or a scrap tire
		  transporter.
(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 solid waste disposal, solid
			 waste transfer facility operations, or scrap tire transporter, 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 solid waste facility,
			 solid waste transfer facility, 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 closure
				  and current 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 and current 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 current closure and current 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 closure and current 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 closure and
			 current 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, and into the operating record in accordance
			 with rule 3745-27-09 of the Administrative Code, if applicable:
(a) A letter signed by the owner's or operator's chief
				financial officer and worded as specified in paragraph (F) of rule 3745-27-17
				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, and submit updated
			 information into the operating record in accordance with rule 3745-27-09 of the
			 Administrative Code, if applicable, 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, notice shall be sent to
			 the director of the intent to establish alternative financial assurance as
			 specified in this rule. The notice must 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. A copy of the notice shall also be
			 placed in the operating record, if applicable. 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 closure of a facility or a scrap tire transporter 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 a facility or scrap
				tire transporter.
(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 3745-27-17 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 of a facility or
				scrap tire transporter provided for by the corporate guarantee in accordance
				with the closure/post-closure care plan, permit or registration requirements,
				and applicable rules.
(b) The guarantor shall perform the activities 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 those activities.
(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, and 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.
(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 cost estimates for closure, 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 cost estimates for closure, 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 facility covered, the
			 categories of expenditures, including closure, post-closure care, corrective
			 measures, scrap tire transporter closure, the corresponding cost estimate for
			 each expenditure, and the anticipated year of the required activity must 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, and into the operating record in accordance with
			 rule 3745-27-09 of the Administrative Code, if applicable:
(a) A letter signed by the local government's chief
				financial officer and worded as specified in paragraph (H) of rule 3745-27-17
				of the Administrative Code on forms prescribed by the director as
				follows:
(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 governments 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 must 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, and
			 submit updated information into the operating record in accordance with rule
			 3745-27-09 of the Administrative Code, if applicable, 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, notice shall be sent to the
			 director of the intent to establish alternative financial assurance as
			 specified in this rule. The notice must 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. A copy of the
			 notice shall also be placed in the operating record, if applicable. 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 for closure 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 closure of a facility or a scrap
				tire transporter.
(M) Use of multiple financial assurance
		  mechanisms. The owner or operator may satisfy this rule by establishing more
		  than one financial assurance mechanism for each facility or by establishing
		  more than one financial assurance mechanism for scrap tire transporter
		  financial assurance. 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 or scrap tire transporter closure cost estimate.
		  If an 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 facility or provide for the
		  required closure for a scrap tire transporter.
(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 this rule for more than one
		  facility. Evidence of financial assurance submitted to the director shall
		  include a list showing, for each facility, 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 facility.
(O) Release of the owner or operator of a
		  solid waste facility or scrap tire transporter 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
		  particular facility or scrap tire transporter, unless the director has reason
		  to believe that closure has not been completed in accordance with Chapter
		  3745-27 or 3745-30 of the Administrative Code, as applicable, or the
		  closure/post-closure care plan after receiving certifications from the owner or
		  operator and an independent professional skilled in the appropriate disciplines
		  that closure has been completed in accordance with the final
		  closure/post-closure care plan, permit or registration requirements, and
		  applicable rules.
[Comment: The notice releases the owner or
		  operator only from the requirements for financial assurance for closure of the
		  facility; it does not release the owner or operator from legal responsibility
		  for meeting the post-closure care standards or corrective measures, if
		  applicable.]


Last updated May 28, 2021 at 10:00 AM