Ohio Administrative Code|Rule 3745-560-435 | Closure and termination requirements for class IV composting facilities.

                                                
(A) The owner or operator of a composting
		  facility shall perform closure as specified in this rule if any of the
		  following occur:
(1) The composting
			 facility ceases to be an active composting facility.
(2) The director issues a
			 final action addressing either of the following:
(a) The owner or operator sells or offers for sale at
				retail or wholesale, uses, distributes for use, or gives away any compost that
				does not comply with the applicable quality standards established in this
				chapter.
(b) The establishment or operation of the composting
				facility has violated Chapter 3704., 3714., 3734., or 6111. of the Revised Code
				or rules adopted thereunder.
(B) The owner or operator of a facility
		  required to perform closure in accordance with this rule shall do the
		  following:
(1) If the facility is
			 closing pursuant to paragraph (A)(1) of this rule, send a written notification
			 to Ohio EPA, the approved board of health, and the solid waste management
			 district indicating the date on which the facility will cease acceptance of the
			 waste materials.
(2) Not later than seven
			 days after closure is required under paragraph (A) of this rule, the owner or
			 operator of a composting facility that allowed public access shall post signs,
			 stating in letters not less than three inches high that the facility is closed.
			 The signs shall be posted in such a manner as to be easily visible at all
			 access points into the facility and shall be maintained in legible condition
			 for not less than one year, or until the facility re-opens as a registered
			 composting facility or is converted to an alternative use. The text of the
			 signs shall be the following:
"This facility is closed for all
			 composting activities and all receipt of waste materials. Depositing solid
			 wastes at this site constitutes open dumping which is a violation of Chapter
			 3734. of the Revised Code."
(3) Conduct the facility
			 closure requirements in accordance with paragraph (C) of this
			 rule.
(4) Send written
			 notification to Ohio EPA or approved board of health certifying that the
			 facility closure requirements have been completed in accordance with this
			 rule.
(5) Comply with rule
			 3745-560-410 of the Administrative Code until receipt of a letter of
			 concurrence from Ohio EPA or the approved board of health stating that the
			 facility is in compliance with the closure requirements of this
			 rule.
(C) The owner or operator shall perform
		  the following closure activities:
(1) Remove compost products and solid
			 wastes from the composting facility.
(2) Remove and properly dispose of
			 leachate remaining on the site in accordance with applicable laws and
			 regulations.
(3) Modify, remove, or seal the leachate
			 collection system to prevent discharges from the system to surface waters of
			 the state or ground water unless such discharges are otherwise regulated in
			 accordance with Chapter 6111. of the Revised Code.
(4) Clean containers, equipment,
			 machines, and materials placement area surfaces that were in contact with solid
			 wastes at any time during the operation of the facility using procedures that
			 substantially reduce or eliminate any remaining constituents or contaminants.
			 This paragraph does not apply to materials placement area surfaces composed of
			 soil, gravel, slag, or other permeable material.
(D) Criteria for termination of a
		  registration. A registration for a facility that has completed closure shall
		  terminate upon receipt of a letter of concurrence by Ohio EPA or the approved
		  board of health stating that the facility is in compliance with the closure
		  requirements contained in this rule.
(E) This rule does not apply to a
		  registrant who requests termination of a composting facility registration after
		  obtaining appropriate authorizations for a class I, II, or III composting
		  facility.
(F) An owner or operator who requests the
		  termination of the composting facility registration after the composting
		  facility ceases to be an active composting facility, or to change to a yard
		  waste only transfer facility in accordance with Chapter 3745-555 of the
		  Administrative Code, may submit a written request to Ohio EPA or the approved
		  board of health for alternative closure requirements. Ohio EPA or the approved
		  board of health may approve alternative closure requirements provided the
		  requirements are protective of public health, safety, and the
		  environment.