C&DD Facility Closure/Post-Closure Cost Estimation & the
role of Environmental Covenants
Ohio’s Solid Waste and C&DD Program Annual Meeting
May 9th, 2013
Ohio’s Solid Waste and C&DD Program
Annual MeetingMay 9, 2013
C&DD Facility Closure Cost EstimatesJeremy Carroll and Annette DeHavilland
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
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”
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.
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
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
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
Available Resources
• AnswerPlace FAQshttp://ohioepa.custhelp.com/app/answers/list/c/8
• C&DD Documents & Recorded Trainingshttp://epa.ohio.gov/dmwm/Home/CDD.aspx
• Additional web-based training in July/August
Contact Info
Jeremy Carroll, Manager - Engineering, Remediation and Authorizations Section, DMWM
Jeremy Carroll, Manager - Engineering, Remediation and Authorizations Section, DMWM
[email protected] DeHavilland, Lead EngineerAnnette DeHavilland, Lead [email protected]
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