c&dd facility closure/post-closure cost estimation & the role of environmental covenants
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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. - PowerPoint PPT PresentationTRANSCRIPT
C&DD Facility Closure/Post-Closure Cost Estimation & the
role of Environmental CovenantsOhio’s Solid Waste and C&DD
Program Annual MeetingMay 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 FAQs
http://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 InfoJeremy Carroll, Manager - Engineering,
Remediation and Authorizations Section, DMWM [email protected] DeHavilland, Lead [email protected]