Ohio Administrative Code|Rule 3745-560-05 | Composting - closure cost estimate.

                                                
(A) Closure cost estimate. The owner or operator of a class
		  I or class II composting facility shall determine the closure cost estimate as
		  follows:
(1) Class I composting facility. 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 the operation
			 would make the closure the most expensive, and shall be based on a third party
			 conducting the closure activities. The closure cost estimate shall be
			 documented as an itemized written estimate, in current dollars, of the cost of
			 closure. Ohio EPA may require revisions to the closure cost estimate or to the
			 closure financial assurance instrument.
(2) Class II composting facility. The
			 closure cost estimate shall be calculated as follows:
(a) For facilities accepting solid wastes authorized in
				accordance with paragraph (B) of rule 3745-560-210 of the Administrative Code,
				two dollars and fifty cents per cubic yard, based on the operational capacity
				of the materials placement area, excluding the storage capacity of compost
				product, as specified in the authorizing document.
(b) For facilities accepting alternative materials, eight
				dollars per cubic yard or the local disposal rate, whichever is higher, for the
				maximum amount of alternative materials authorized pursuant to rule
				3745-560-205 of the Administrative Code that will be managed based on the
				operational capacity of the materials placement area, excluding the storage
				capacity of compost product, as specified in the authorizing
				document.
(c) Class II composting facilities may request approval
				from the director of an alternative closure cost estimate that is lower than
				the estimate calculated in accordance with paragraph (A)(2)(a) or (A)(2)(b) of
				this rule by submitting an application that demonstrates one of the
				following:
(i) For alternative
				  materials, that the cost of disposal is equivalent to the cost of disposal for
				  materials authorized in paragraph (B) of rule 3745-560-210 of the
				  Administrative Code, and that the closure cost estimate for the material can be
				  calculated at two dollars and fifty cents per cubic yard.
(ii) The owner or
				  operator has obtained authorization to land apply any material that is not a
				  compost product on property owned by the owner or operator in compliance with
				  Chapters 3734. and 6111. of the Revised Code.
(B) Annual review of closure cost estimate. The owner or
		  operator of a class I or class II composting facility shall annually review and
		  make appropriate revisions to the closure cost estimate in accordance with
		  paragraph (A) of this rule, and as follows:
(1) For class I
			 composting facilities, an adjustment for inflation shall be made. The
			 adjustment shall be made as specified in this paragraph, 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 annual deflator for the previous year.
(a) The first adjustment is made by multiplying the closure
				cost estimate by the inflation factor. The result is the adjusted closure cost
				estimate.
(b) Subsequent adjustments are made by multiplying the most
				recently adjusted closure cost estimate by the most recent inflation
				factor.
(2) For class II
			 composting facilities, annually review and make appropriate revisions to the
			 closure cost estimate to determine if the estimate accurately represents the
			 cost to close the facility. The review shall take into consideration changes to
			 the operational capacity, facility design and operations, changes to the
			 materials placement area, changes to the amount of feedstocks, bulking agents,
			 additives, and compost mixtures on site, and any other changes that would
			 increase the cost of closure.
(C) Review of closure cost estimates associated with
		  modifications or amendments to registrations.
(1) Upon issuance of a permit to install
			 for a modification of an existing class I composting facility, the owner or
			 operator shall review and make appropriate revisions to the closure cost
			 estimate in accordance with paragraph (A) of this rule.
(2) Upon submittal of amendments to the
			 registration of an existing class II composting facility, the owner or operator
			 shall review and make appropriate revisions to the closure cost estimate in
			 accordance with paragraph (A) of this rule.
(D) The owner or operator of a class I or class II
		  composting facility shall ensure financial assurance instruments account for
		  increases in the closure cost estimate, and shall ensure that sufficient
		  financial assurance is available for closure activities at all times during the
		  operating life of the composting facility.
(E) Ohio EPA may require revisions to the
		  closure cost estimate or to the closure financial assurance instrument if the
		  director determines that the operational capacity has increased or that the
		  cost of closure exceeds the closure cost estimate.
(F) If the closure cost estimate is five thousand five
		  hundred dollars or less, no financial assurance is required.