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C&DD Facility Closure/Post-Closure Cost Estimation & the role of Environmental Covenants

Ohio’s Solid Waste and C&DD Program Annual Meeting May 9, 2013. C&DD Facility Closure/Post-Closure Cost Estimation & the role of Environmental Covenants. C&DD Facility Closure Cost Estimates Jeremy Carroll and Annette DeHavilland.

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C&DD Facility Closure/Post-Closure Cost Estimation & the role of Environmental Covenants

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  1. Ohio’s Solid Waste and C&DD Program Annual Meeting May 9, 2013 C&DD Facility Closure/Post-Closure Cost Estimation & the role of Environmental Covenants C&DD Facility Closure Cost EstimatesJeremy Carroll and Annette DeHavilland Ohio’s Solid Waste and C&DD Program Annual Meeting May 9th, 2013

  2. Background • New C&DD FA Rules (August 2012) • OAC 3745-400-13 (closure) & 400-18 (post-closure) • Itemized written estimate • Third party costs • For closure, not less than $13,000/acre • Resources (http://epa.ohio.gov/dmwm/Home/CDD.aspx) • C&DD FACE Tool (Spreadsheet) • Recorded Training Sessions • AnswerPlace

  3. Env. Covenants & C&DD • How to account for “pre-purchased” soil? • Capping soil is typically biggest expense of closure • “A bird in the hand…” • Uniform Environmental Covenants Act (UECA) • ORC §§ 5301.80 to 5301.92 • Legally binding document, recorded with the deed “Runs-with-the-land” • OAC 3745-400-13: allows for “an alternate option”

  4. Why use an EC? • Attached to deed • Subordinates other interests • Right of access • Right to use soil • Statutorily-created, legal mechanism Can reduce the cost estimate by the amount of qualified soil covered under the EC.

  5. Why use an EC, part 2… • Can soil be secured through license T&Cs? • Not really, can’t provide assurances than an EC provides • Can the license be approved without EC being issued? • Not if an EC is being used to justify lower cost estimate • Could issue license based on “spot-market” soil costs • What about other landfills (MSW)? • Ohio EPA will be implementing similar approach for these sites in the future

  6. Key Components of an EC • Legal Property Description (survey) • Also need deed & title search (40 years) • Owners & Holders • Activity & Use Restrictions • Property Access, Right to Use Soil • Subordination of Interests • Breach of EC • Recordation • 30 days after final signature

  7. LA Role in EC Review/Process • When reviewing FACE information… • Direct facilities to use template EC • Review soil qualification data (including volume) • Need legal property description& title search • Visit site Send draft EC & summary letter to Ohio EPA (J. Carroll) • Existing EC’s… • Confirm property is still in compliance w/ EC • Adjust FA as appropriate

  8. Available Resources • AnswerPlace FAQs http://ohioepa.custhelp.com/app/answers/list/c/8 • C&DD Documents & Recorded Trainings http://epa.ohio.gov/dmwm/Home/CDD.aspx • Additional web-based training in July/August

  9. Contact Info Jeremy Carroll, Manager - Engineering, Remediation and Authorizations Section, DMWM Annette DeHavilland, Lead Engineer annette.dehavilland@epa.ohio.gov 614-728-5373 jeremy.carroll@epa.ohio.gov 614-644-2830

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