Ohio Administrative Code|Rule 3745-51-100 | Financial assurance for seventy-two hour recyclers.

                                                
Owners or operators of facilities that enter
		recyclable materials into a recycling process within seventy-two hours after
		arrival at the facility, except as provided in paragraph (A)(2) of rule
		3745-51-06 of the Administrative Code, may store recyclable materials in
		containers, tanks, or containment buildings without an Ohio hazardous waste
		permit, provided that the financial assurance requirements of this rule are
		met. All financial assurance documentation shall be approved by Ohio EPA prior
		to storage of any material, and shall comply with this rule.
(A) The owner or operator shall have a
		  detailed written estimate, in current dollars, of the cost of closing the
		  facility in accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule
		  3745-66-14 of the Administrative Code. The cost estimate:
(1) Shall equal the cost
			 of final closure at the point in the active life of the facility when the
			 extent and manner of the facility's operation would make closure the most
			 expensive.
(2) Shall be based on the
			 costs to the owner or operator of hiring a third party to close the facility. 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.)
(3) May not incorporate
			 any salvage value that may be realized with the sale of recyclable materials,
			 hazardous wastes, nonhazardous wastes, facility structures or equipment, or
			 land or other asset associated with the facility.
(4) May not incorporate a
			 zero cost for recyclable materials, or hazardous wastes, or nonhazardous wastes
			 that might have economic value.
(B) During the active life of the
		  facility, the owner or operator shall adjust the 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 3745-66-43 of the
		  Administrative Code. For owners or operators using the financial test, the cost
		  estimate shall be updated for inflation within thirty days after the close of
		  the firm's fiscal year and before, or in conjunction with, submittal of
		  updated information to the director as specified in paragraph (E)(3) of rule
		  3745-66-43 of the Administrative Code. The adjustment may be made by
		  recalculating the closure cost estimate in current dollars, or by using an
		  inflation factor derived as specified in 40 CFR 265.142(b).
(1) The first adjustment
			 is made by multiplying the closure cost estimate by the inflation factor. The
			 result is the adjusted closure cost estimate.
(2) Subsequent
			 adjustments are made by multiplying the latest adjusted closure cost estimate
			 by the latest inflation factor.
(C) During the active life of the
		  facility, the owner or operator shall revise the closure cost estimate no later
		  than thirty days after a change in owner or operator's closure
		  requirements that would increase the cost of closure, or no later than sixty
		  days after an unexpected event which increases the cost of closure in
		  accordance with paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14
		  of the Administrative Code. The revised cost estimate shall be adjusted for
		  inflation as specified in paragraph (B) of this rule. The revised closure cost
		  estimate shall be submitted to the director within thirty days after the
		  estimate is revised.
(D) The owner or operator shall keep at
		  the facility during the active life of the facility the latest closure cost
		  estimate prepared in accordance with paragraphs (A) and (C) of this rule, and,
		  when this estimate was adjusted in accordance with paragraph (B) of this rule,
		  the latest closure cost estimate.
(E) A copy of the facility's
		  current, detailed closure cost estimate prepared in accordance with paragraphs
		  (A) and (B) of this rule shall be submitted annually to the
		  director.
(1) For owners and
			 operators using a financial mechanism other than the financial test, such
			 submittal of the closure cost estimate shall be made within thirty days after a
			 revision or update to the estimate made in accordance with paragraph (B) of
			 this rule.
(2) For owners and
			 operators using a financial test, such submittal of the closure cost estimate
			 shall be made within ninety days after the close of the firm's fiscal year
			 following a revision or update to the estimate in accordance with paragraph (B)
			 of this rule.
(F) The owner or operator shall provide
		  financial assurance documentation that meets the requirements of paragraphs (A)
		  to (G) of rule 3745-66-43 of the Administrative Code, except that where
		  paragraph (H) of rule 3745-66-43 of the Administrative Code is referenced in
		  paragraphs (A) to (G) of rule 3745-66-43 of the Administrative Code, that
		  requirement shall be replaced with the requirements of paragraph (G) of this
		  rule.
(G) Release of the owner or operator from
		  the requirement to provide financial assurance in accordance with paragraph (F)
		  of this rule. Within sixty days after receipt of written documentation from the
		  owner or operator that the final closure was completed in accordance with
		  paragraphs (A) and (B) of rule 3745-66-11 and rule 3745-66-14 of the
		  Administrative Code, the director will notify the owner or operator in writing
		  that the owner or operator is no longer required by this rule to maintain
		  financial assurance for final closure of the facility, unless the director has
		  reason to believe that final closure was not in accordance with paragraphs (A)
		  and (B) of rule 3745-66-11 and rule 3745-66-14 of the Administrative Code. The
		  director will provide the owner or operator a detailed written statement of any
		  such reason to believe final closure was not completed.
(H) The owner or operator shall provide
		  liability coverage for sudden accidental occurrences that meet the requirements
		  of paragraph (A) of rule 3745-66-47 of the Administrative Code.
(I) Period of liability coverage. Within
		  sixty days after receipt of written documentation from the owner or operator
		  that final closure was completed in accordance with paragraphs (A) and (B) of
		  rule 3745-66-11 and rule 3745-66-14 of the Administrative Code, the director
		  will notify the owner or operator in writing that the owner or operator is no
		  longer required by this rule to maintain liability coverage for that facility,
		  unless the director has reason to believe that final closure was not
		  completed.
[Comment: 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."]


Last updated September 29, 2021 at 8:44 AM