Rules and Regulations for Construction and Demolition Debris Facilities
This content outlines the rules and regulations pertaining to existing Construction and Demolition Debris (C&DD) facilities, including definitions, facility design requirements, financial assurance for closure, post-closure care procedures, leachate sampling, and more. These regulations aim to ensure proper construction, operation, closure, and monitoring of C&DD facilities to protect the environment and public health. Effective dates for various rules are provided, emphasizing compliance requirements for facility owners and operators.
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C&DD Financial Assurance Cost Estimating An introduction to using the FACE tool May 21, 2012, OEPA, SWDO May 31, 2012, OEPA, CO and SEDO June 4, 2012, OEPA NEDO and NWDO
Where to find the latest on the rules, training & implementation: http://www.epa.ohio.gov/Default.aspx?tabid=5035 Rule Overview
Rules Pertaining to Existing C&DD Facilities Rule Title 3745-400-01 Definitions 3745-400-03 Facility exclusions Authorized, limited, and prohibited construction and demolition debris disposal methods 3745-400-04 3745-400-05 Clean, hard fill 3745-400-06 Prohibited locations for construction and demolition debris facilities 3745-400-07 Facility design requirements and construction specifications 3745-400-08 Construction and final closure certification AMENDED effective 8/1/12 3745-400-09 Site characterization 3745-400-10 Ground water monitoring 3745-400-11 Operation of facilities 3745-400-12 Final closure of facilities AMENDED effective 8/1/12
Rules Pertaining to Existing C&DD Facilities Rule Title Financial assurance for construction and demolition debris facility final closure AMENDED effective 8/1/12 3745-400-13 3745-400-14 Wording of the financial instruments AMENDED effective 8/1/12 3745-400-15 Modifications and exemptions Post-closure care of a construction and demolition debris facility NEW effective 8/1/12 3745-400-16 Procedures for issuance of an order extending post-closure care period NEW effective 8/1/12 3745-400-17 Financial assurance for post-closure care of construction and demolition debris facilities NEW effective 8/1/12 3745-400-18 Leachate sampling and analysis and additional requirements to monitor ground water for leachate parameters NEW effective 1/1/13 3745-400-20 Construction and demolition debris facility leachate parameter list NEW effective 1/1/13 3745-400-21 Five year transition for final closure or post-closure care financial assurance for construction and demolition debris facilities NEW effective 8/1/12 3745-400-25
Five year transition for final closure and post-closure care financial assurance for construction and demolition debris facilities 3745-400-25 Five Year Transition Schedule 12/31/13 20% Voluntary A C&DD facility licensed for the 2012 license year may utilize the five year transition period. 12/31/14 40% Financial assurance amounts from the previous license year must be fully funded thirty days after the issuance of the license. The O/O then has until the December 31st date to increase funding for that year s twenty percent. 12/31/15 60% 12/31/16 80% 12/31/17 100%
Future Training on the Rules Friday morning of June 22nd Watch for latest information at http://www.epa.ohio.gov/Default.aspx?tabid=5035 Today s training focuses on Cost Estimation Rule Overview
Financial Assurance Cost Estimating 3745-400-13(A)(1) for Closure 3745-400-18(A)(1) for Post Closure Be based upon a third party (what it would cost the licensing authority). Be an itemized written cost estimate. Be on a form: 3745-37-02(A)(1) license 3745-400-12(E)(11) post- closure care For closure, not be less than thirteen thousand dollars per acre.
Soils in the cost estimate: Default is SOILS NOT MADE AVAILABLE. There is an option of SOILS MADE AVAILABLE (license applicant owned soil made legally available to licensing authority) SOILS MADE LEGALLY AVAILABLE option must be documented in the cost estimate License applicant must have ownership of soil and identify ownership of the property holding the soil Survey and record area of the soil Legally ensure availability of soil for licensing authority s use for closure/post-closure Prequalify the soil
Legally ensure availability of soil for licensing authoritys use for closure/post-closure License applicant owns the soil and soil is prequalified The license applicant as owner of the soil and the owner of the land holding the soil will need to legally ensure that licensing authority may access, remove, and use soil for closure/post-closure activities should the license applicant fail to conduct those activities. Legal restrictions ensuring the soil is kept and maintained for the intended purpose and legally protected against other claims (mortgages, liens, bankruptcy). ENVIRONMENTAL COVENANT is one type of consensual legal mechanism that can ensure availability of soil for the licensing authority s use.
Constructed ALDA vs Unconstructed ALDA vs Base ALDA (5 year transition period term) If constructed ALDA is LESS THAN the ALDA identified in the license, fund only constructed ALDA. Constructed ALDA is ALDA with debris and ALDA with construction certification. When construct more ALDA, increase cost estimate and financial assurance accordingly. Determine a base ALDA in 2013 license (what you think may be needed during the 5 year transition period) If add ALDA to base ALDA, fund 100% of additional ALDA.
Facility boundary Limit of Debris Placement Constructed ALDA: Contains debris & is uncapped In use Not yet in use but construction certified Unconstructed ALDA: Use planned but construction not certified yet ILDA: filled & capped ILDA: no debris & Not constructed ALDA May delay funding of unconstructed ALDA until submittal of construction certification Include in post- closure care cost estimate Not included in closure and post-closure care cost estimate Include in closure and post-closure care cost estimate Example ALDA-ILDA
Goals of FACE form development Complete Simple and easy to use (and review) Will be basis for developing the form for next year s use
Since FACE is a new requirement OEPA is available to review estimates for 2013 license, thereafter, the licensing authorities will do the reviews A FACE Team of 7 members will be reviewing the submittals John Hujar, NEDO Mark Mansfield, SEDO Shawn Sellers, CO Annette De Havilland, CO Allan Hurtt, CDO Michael Harris, SWDO Barry Chapman, CO
FACE Timeline Access form from web, or email, or CD, or hard copy voluntary Submit draft itemized final closure and post-closure care cost estimate for review by Ohio EPA (FACE Team) August 2012
FACE Timeline option If own soil and seeking to use those soils for closure cost estimate, must ensure that soils are pre-qualified and available to licensing authority for closure. Submit documentation such as draft environmental covenant for review by Ohio EPA. August 2012 OEPA will review and confer with Licensing Authority OEPA will make recommendation to Licensing Authority
FACE Timeline Submit license application with itemized final closure cost estimate, post-closure care cost estimate (and supportive documentation such as Director issued environmental covenant, if necessary) September 30, 2012 If take five year transition option Must submit notice taking option of five year transition for final closure and post closure financial assurance
FACE Timeline If construct ALDA, increase and fund financial assurance to cover the cost estimate for all ALDA identified in the license upon submittal of construction certification report. After License Issuance Opt Out of 5-year Transition Optional Include with construction certification report, recalculated FACE form showing increased cost estimate. The additional amount of financial assurance to cover the recalculated cost estimate shall also be funded upon submittal of construction certification report.
FACE Timeline Same as Opt Out of 5-year Transition except: After License Issuance Opt In 5-year Transition WITHIN BASE ALDA if newly constructed ALDA is WITHIN the base ALDA, adjust payment in accordance with rule OAC 3745-400-25 Same as Opt Out of 5-year Transition: OUTSIDE BASE ALDA If newly constructed ALDA is OUTSIDE the base ALDA, fund cost of all ALDA at time of construction certification report submittal. Option to recalculate cost estimate and fund additional financial assurance only for newly constructed ALDA still applies.
FACE Timeline When 2013 review is over, anticipate hosting a webex-based event: How the form/process worked work on revising the form for next year Future plans Goal is to continue to simplify perhaps to develop a new formula (may not be as simple as old formula)
Summary of Urgent Items Pre-purchase soils: Test soil Delineate borrow area Calculate soil needed, available Contract with seller Environmental Covenant ODNR mining permit 2013 ALDA If opt in 5-year transition, consider ALDA that will last for 5- year transition period. Any ALDA outside that area pays 100% of its cost estimate Itemization of cost estimate: Prepare justifications for less than reference costs
Dan Harris Ohio EPA, Division of Materials & Waste Management 50 West Town Street, Suite 700 Columbus, Ohio 43215-1049 614/728-5377 dan.harris@epa.state.oh.us Rule Information Contact
Annette De Havilland Ohio EPA, Division of Materials & Waste Management 50 West Town Street, Suite 700 Columbus, Ohio 43215-1049 614/728-5373 Annette.dehavilland@epa.state.oh.us FACE Information Contact
