1. 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 th, 2013 Ohio’s Solid Waste and C&DD Program Annual Meeting May 9, 2013 C&DD Facility Closure Cost Estimates Jeremy Carroll and Annette DeHavilland

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 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” 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. 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 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 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 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 C&DD Documents & Recorded Trainings http://epa.ohio.gov/dmwm/Home/CDD.aspx Additional web-based training in July/August AnswerPlace FAQs http://ohioepa.custhelp.com/app/answers/list/c/8 C&DD Documents & Recorded Trainings 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 jeremy.carroll@epa.ohio.gov 614-644-2830 Annette DeHavilland, Lead Engineer annette.dehavilland@epa.ohio.gov 614-728-5373