ACTION: Original DATE: 11/27/2019 10:03 AM · (H) Any reference to this chapter in rule 3745-400-12...

TO BE RESCINDED

3745-37-01 Solid waste facility license or infectious waste treatment facilitylicense or construction and demolition debris facility licenserequired.

(A) No person shall conduct municipal solid waste landfill, industrial solid waste landfill,residual solid waste landfill, compost facility, transfer facility, infectious wastetreatment facility, or solid waste incineration facility operations without possessinga separate, valid license for each such operation, as required by Chapter 3734. of theRevised Code and the Administrative Code rules adopted thereunder. Each licenseshall be obtained from the board of health in the health district in which the facilityis located, or by the director, if the director has assumed the licensing function forthat health district.

[Comment: Not all compost and infectious waste treatment facilities require licensesto operate. See Chapter 3734. of the Revised Code and Chapter 3745-27 of theAdministrative Code for the applicability of specific licensing rules.]

(B) No person shall operate or maintain an infectious waste treatment facility unless suchperson holds a valid and unexpired license for such facility issued by the board ofhealth of the health district wherein the facility is located, or by the director, if thedirector has assumed the licensing function pursuant to section 3734.08 of the RevisedCode, unless:

(1) The facility is owned or operated by the generator of the wastes and exclusivelytreats, by methods, techniques, and practices established by rules adopted underdivision (C)(1) or (C)(3) of section 3734.021 of the Revised Code, wastes thatare generated at any premises owned or operated by that generator regardlessof whether the wastes are generated on the same premises where the generator'streatment facility is located. Such facilities may accept for treatment infectiouswaste generated by small quantity generators; or

(2) The facility holds a license issued under section 4717.17 and a permit issued underChapter 3704. of the Revised Code; or

(3) The facility treats or disposes of dead animals or parts thereof, or the blood ofanimals, and is subject to any of the following:

(a) Inspection under the "Federal Meat Inspection Act," 81 Stat. 584.21 U.S.C.A. 603, as amended;

(b) Chapter 918. of the Revised Code;

ACTION: Original DATE: 11/27/2019 10:03 AM

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3745-37-01 TO BE RESCINDED 2

(c) Chapter 953. of the Revised Code.

An infectious waste treatment facility shall hold either an infectious wastetreatment facility license or a solid waste facility license in accordancewith division (B)(3) of section 3745.05 of the Revised Code, whichrequires the notation on the license that the facility also treats infectiouswaste.

(C) No person shall establish, modify, operate or maintain a construction and demolitiondebris facility without a construction and demolition debris facility license issued bythe licensing authority except as otherwise specified in this rule. An application for aconstruction and demolition debris facility license shall be made in accordance withChapter 3745-37 of the Administrative Code and shall be submitted as follows:

(1) A person proposing to open a new facility shall submit a license application atleast ninety days before proposed operation of the facility; and

(2) The owner or operator of a facility that was in operation or under constructionprior to the effective date of this rule shall submit a license application inaccordance with rule 3745-37-02 of the Administrative Code not later than sixmonths after the effective date of this rule. The owner or operator may continueto operate the facility until the licensing authority issues a final action on thelicense application in accordance with Chapter 3745-37 of the AdministrativeCode and division (C) of section 3714.06 of the Revised Code.

[Comment: If the owner or operator chooses to continue operations prior toobtaining a license but after the effective date of this rule, the owner or operatoris required to comply with rule 3745-400-11 of the Administrative Code foroperation of the facility.]

[Comment: The six month grace period gives the owner or operator of anexisting facility time to plan future facility development with the realization thatonce an initial license is issued, compliance with all applicable requirements ofChapter 3745-400 of the Administrative Code will be required.]

(D) Chapter 3745-400 of the Administrative Code shall not apply to facilities that ceasedacceptance of construction and demolition debris prior to the effective date of thisrule.


Effective:

Five Year Review (FYR) Dates: 11/27/2019

Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.06, 3734.05Prior Effective Dates: 07/29/1976, 05/01/1990, 09/30/1996

3745-37-01 Solid waste facility license or infectious waste treatment facilitylicense or construction and demolition debris facility licenserequired.

(A) Any reference to this chapter in rule 3745-27-01 of the Administrative Code shall beconstrued as a reference to rule 3745-501-05 of the Administrative Code.

(B) Any reference to this chapter in rule 3745-27-03 of the Administrative Code shall beconstrued as a reference to Chapter 3745-501 of the Administrative Code.

(C) Any reference to this chapter in rule 3745-27-19 of the Administrative Code shall beconstrued as a reference to rule 3745-501-15 of the Administrative Code.

(D) Any reference to this rule in rule 3745-27-56 of the Administrative Code shall beconstrued as a reference to rule 3745-501-05 of the Administrative Code.

(E) Any reference to this chapter in rule 3745-400-01 of the Administrative Code shall beconstrued as a reference to rule 3745-501-05 of the Administrative Code.

(F) Any reference to this chapter in rule 3745-400-03 of the Administrative Code shall beconstrued as a reference to Chapter 3745-501 of the Administrative Code.

(G) Any reference to this chapter in rule 3745-400-11 of the Administrative Code shall beconstrued as a reference to rule 3745-501-05 of the Administrative Code.

(H) Any reference to this chapter in rule 3745-400-12 of the Administrative Code shall beconstrued as a reference to rule 3745-501-10 of the Administrative Code.

(I) Any reference to this chapter in rule 3745-400-15 of the Administrative Code shall beconstrued as a reference to Chapter 3745-501 of the Administrative Code.


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3745-37-01 2

Replaces: 3745-37-01

Effective:

Five Year Review (FYR) Dates:

Certification

Date


TO BE RESCINDED

3745-37-02 Solid waste facility license, infectious waste treatment facilitylicense or construction and demolition debris facility licenseapplication.

(A)

(1) The owner or operator of a solid waste facility or infectious waste treatmentfacility or construction and demolition debris facility shall be the applicantfor a facility license. Applications for solid waste facility licenses requiredby rule 3745-37-01 of the Administrative Code or infectious waste treatmentfacility licenses required by division (B) of section 3734.05 of the RevisedCode and rule 3745-37-01 of the Administrative Code, or construction anddemolition debris facility licenses required by division (A) of section 3714.06of the Revised Code and rule 3745-37-01 of the Administrative Code shall bemade on forms prepared by the director and shall contain such informationas the director may require. An applicant for a construction and demolitiondebris facility license shall submit two copies of the application to the licensingauthority; and

(2) An incomplete application shall not be considered. Within thirty days of thereceipt of an incomplete application or sixty days in the case of an incompleteconstruction and demolition debris facility license application, the applicantshall be notified of the nature of the deficiency and of refusal by the director orthe board of health to consider the application until the deficiency is rectifiedand the application completed; and

(3) For construction and demolition debris facilities, if the licensing authoritydetermines that information in addition to that required by this rule is necessaryto determine whether the application satisfies the requirements of Chapters3745-400 and 3745-37 of the Administrative Code, the license applicant shallsupply such information as a precondition to further consideration of the licenseapplication.

(B) Applications for solid waste licenses or infectious waste treatment facility licensesor construction and demolition debris facility licenses shall be signed by the owneror operator of the solid waste facility or infectious waste treatment facility orconstruction and demolition debris facility:

(1) If the owner or operator is a political subdivision, the application shall be signedby the chief administrative officer or contractual officer of said subdivision; or




(2) If the owner or operator is a corporation, the application shall be signed by thecorporate officer having direct responsibility for the facility; or

(3) If the owner or operator is an organization other than a corporation, the applicationshall be signed by an equivalently responsible individual; or

(4) If the owner or operator is an individual or sole proprietorship, the applicationshall be signed by the owner or operator.

(C) The signatures on a license application shall constitute personal affirmation that allstatements or assertions of fact made in the application are true and complete,comply fully with applicable state requirements, and shall subject the signatory toliability under applicable state laws concerning the submittal of false or misleadingstatements. The signatures shall constitute an agreement that the signatories shallassume responsibility for compliance with Chapter 3734. of the Revised Codeand Chapters 3745-27 and 3745-37 of the Administrative Code for solid waste orinfectious waste treatment facility licenses or in the case of a construction anddemolition debris facility license with Chapter 3714. of the Revised Code andChapters 3745-400 and 3745-37 of the Administrative Code.

(D) Applications for solid waste facility licenses or infectious waste treatment facilitylicenses or construction and demolition debris facility licenses shall be made:

(1) At least ninety days prior to the anticipated date for accepting waste or debris atthe facility; and

(2) For those construction and demolition debris facilities under construction or inoperation on the effective date of this rule, within six months of the effectivedate of this rule; and

(3) During the month of September, if the licensed facility will continue operationsbeyond December thirty-first.

Any license application not filed in the manner set forth in paragraph (D) ofthis rule shall not be considered.

(E) A construction and demolition debris facility license application shall include:

[Comment: Paragraph (D) of rule 3745-400-11 of the Administrative Code requiresall permits, required by Chapters 3704. and 6111. of the Revised Code, be obtainedby the owner or operator prior to debris placement. Note that depending on whichtypes of permits are required, timeframes for obtaining those permits may vary fromthe ninety days established for a construction and demolition debris facility license.]


(1) The facility design plan required in paragraph (A) of rule 3745-400-07 of theAdministrative Code; and

(2) In the initial license application, a letter from the local fire department stating thatthe department will respond to fires at the facility; and

(3) Delineation of the following on a plan drawing meeting the specifications inparagraph (F)(2) of rule 3745-400-07 of the Administrative Code:

(a) Proposed active licensed disposal area; and

(b) Proposed inactive licensed disposal area(s):

(i) That have no debris placed in the area; and

(ii) For an existing facility, that has not been filled after the effective dateof this rule but does not have a dense vegetative cover on it; and

(iii) That have been capped in accordance with paragraphs (D) and (E)of rule 3745-400-07 of the Administrative Code as applicable andreceived a capping certification approval, after the effective date ofthis rule, as required by paragraph (A)(3) of rule 3745-400-08 of theAdministrative Code. These areas shall be subdivided and labeledas to the date the designated area received a capping certificationapproval by the licensing authority; and

(c) For an existing facility, unfilled areas as of the effective date of this rulewhere debris is placed after the effective date of this rule and where lineror leachate collection system installation is delayed. This requirementapplies to existing facilities for license years 1997, 1998, and 1999; and

[Comment: Paragraph (B) of rule 3745-400-11 of the AdministrativeCode allows filling in unlined areas up to a maximum of six contiguousacres or until January 1, 1999, whichever event occurs first.]

(4) The acreage for each area designated in paragraph (E)(3) of this rule; and

(5) For informational purposes only provide, in years, the remaining life of thefacility; and

(6) All financial assurance documentation required by rule 3745-400-13 of theAdministrative Code; and


(7) A debris placement plan, prepared by a professional engineer, which includesthe following information on drawings and in narrative form. If plan drawingsare used, the drawings shall be on plan sheets with a minimum dimension oftwenty-four inches by thirty-six inches. The scale on the plan drawings shallbe one inch equals no greater than two hundred feet and the contour intervalshall be no greater than five feet. The debris placement plan shall include thefollowing:

(a) Facility operation plan drawing(s) which includes the followinginformation:

(i) Facility boundaries and limits of debris placement; and

(ii) Delineation of the areas and construction sequence for systematicconstruction activities in the unfilled areas of the proposed activelicensed disposal area; and

(iii) Delineation of the areas designated for debris placement in theproposed active licensed disposal area and delineation of sequenceof operational activities to ensure that operations are in compliancewith rule 3745-400-11 of the Administrative Code; and

(iv) Depiction of which ground water monitoring system wells fromthe facility design plan information that will be installed or willcontinue to be sampled throughout the licensing period; and

(v) Direction of flow for all surface waters at the facility, including thelocation of all run-on and run-off controls (e.g. ditches) for thelimits of debris placement. For informational purposes only, showthe location of any storm water, erosion and sediment controlsrequired by the clean water act and regulated by the Ohio EPAdivision of surface water (e.g. sedimentation pond, etc.); and

[Comment: The reason for including the locations of the controlstructures regulated by the division of surface water is so that theplan identifies the entire drainage plan for the facility. However,Chapters 3745-37 and 3745-400 of the Administrative Code onlyregulate the run-on and run-off controls for the limits of debrisplacement.]

(vi) All access roads needed to be constructed and operating during thelicensure period; and


(b) Detail drawings of the surface water run-on and run-off control structures;and

(c) Pre-acceptance debris screening program narrative if the owner or operatorchooses to implement such a program in place of the establishment ofan unloading zone as required by rule 3745-400-11 of the AdministrativeCode. The program narrative shall include the following information:

(i) Procedures for recording and maintaining records of the following:generator identification, source of the debris, the types of debrisin the load including affirmation that the load does not containprohibited materials, whether the debris arrives at the facilityunprocessed or processed (e.g. shredded), and a written verificationby the generator for each load of debris stating answers to all of theinformation required above; and

(ii) A description of procedures and the personnel responsible fordetermining waste acceptance and for documenting decisionsconcerning waste acceptance. These procedures shall include:

(a) Procedures for conducting random inspection of incoming loadswith visual observation of the load to identify prohibitedmaterials; and

(b) Procedures to be utilized upon discovery of prohibitedmaterials; and

(c) Procedures for recording the incidence of discovery ofprohibited materials and measures taken in response to eachincident; and

(d) Procedures for training personnel conducting waste review andinspection activities; and

(d) For an existing facility, plan drawings showing the horizontallimits of any soil barrier layer for construction over placeddebris.

[Comment: For an existing facility, a barrier layer may beconstructed at any time until January 1, 1999, when allareas for debris placement in the facility shall have isolationmaterial, as specified in paragraph (A) of rule 3745-400-09of the Administrative Code, or a liner or a barrier layer or a


final cap system as specified in paragraphs (F) and (G) of rule3745-400-07 of the Administrative Code.]


Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.06, 3734.05Prior Effective Dates: 07/29/1976, 05/01/1990, 06/01/1994, 09/30/1996

3745-37-02 Solid waste facility license, infectious waste treatment facilitylicense or construction and demolition debris facility licenseapplication.

(A) Any reference to this rule in rule 3745-400-08 of the Administrative Code shall beconstrued as a reference to rule 3745-501-10 of the Administrative Code.

(B) Any reference to this rule in rule 3745-400-11 of the Administrative Code shall beconstrued as a reference to rule 3745-501-10 of the Administrative Code.



3745-37-02 2


Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.06, 3734.05Prior Effective Dates: 07/29/1976, 05/01/1990, 06/01/1994, 09/30/1996

TO BE RESCINDED

3745-37-03 Criteria for issuing solid waste facility licenses, infectious wastetreatment facility licenses, or construction and demolition debrisfacility licenses.

(A) The board of health or the director, whichever is applicable, shall not issue a solid wastefacility license unless:

(1) A permit to install, if required by section 3734.05 of the Revised Code has beenobtained by the applicant; and

(2) Detail plans have been approved by the director, if required by section 3734.05of the Revised Code; and

(3) In the case of a previously or currently operating site or facility, the applicantoperated the facility in substantial compliance with all applicable provisions ofChapter 3734. of the Revised Code and with Chapters 3745-27 and 3745-37 ofthe Administrative Code during the period of effectiveness of the last licenseheld for the facility; and

(4) In the case of new facilities, the facility is adequately prepared for operations,and has been inspected by the health commissioner and by the director or hisauthorized representative; and

(5) The person identified as the operator of the facility is competent and qualified tooperate the facility in substantial accordance with Chapter 3734. of the RevisedCode and Chapters 3745-27 and 3745-37 of the Administrative Code; and

(6) The solid waste facility treating infectious waste has an infectious waste notationand has met the requirements under rule 3745-27-32 of the AdministrativeCode.

(B) The board of health or the director, whichever is applicable, shall not issue an infectiouswaste treatment facility license unless:

(1) A permit to install, if required by section 3734.05 of the Revised Code, has beenobtained by the applicant; and

(2) Detail plans have been approved by the director, if required by division (B)(2)(e)of section 3734.05 of the Revised Code; and

(3) In the case of a previously or currently operating site or facility, the applicantoperated the facility in substantial compliance with all applicable provisions ofChapter 3734. of the Revised Code and with Chapters 3745-27 and 3745-37 of




the Administrative Code during the period of effectiveness of the last licenseheld for the facility; and

(4) In the case of new facilities, the facility is adequately prepared for operations,and has been inspected by the health commissioner and by the director or hisauthorized representative; and

(5) The person identified as the operator of the facility is competent and qualified tooperate the facility in substantial accordance with Chapter 3734. of the RevisedCode and Chapters 3745-27 and 3745-37 of the Administrative Code.

(C) The licensing authority shall not issue a construction and demolition debris facilitylicense unless:

(1) All portions of the proposed facility meet the requirements contained in rule3745-400-06 of the Administrative Code; and

(2) The applicant has operated the facility in substantial compliance with allapplicable provisions of Chapter 3714. of the Revised Code and with Chapters3745-400 and 3745-37 of the Administrative Code; and

(3) The owner or operator, who has previously or is currently responsible for themanagement or operation of one or more facilities licensed under Chapters3714. or 3734. of the Revised Code, has managed or operated such facility insubstantial compliance with applicable provisions of Chapters 3714., 3704.,3734., and 6111. of the Revised Code, and any rules and permits issuedthereunder, and has maintained compliance with all applicable orders issuedby the director, or from a board of health maintaining a program on theapproved list, the environmental board of review, or courts having jurisdictionin accordance with Chapter 3746-13 of the Administrative Code, in the courseof such previous or current management or operations.

(D) The licensing authority of a construction and demolition debris facility may imposesuch special terms and conditions as are appropriate or necessary to ensure that thefacility will comply with Chapter 3714. of the Revised Code and Chapter 3745-400 ofthe Administrative Code, and to protect public health and safety and the environment.


Effective:


Certification

Date


TO BE RESCINDED

3745-37-04 Action by board of health or director.

(A) The board of health or the director shall either grant or deny a solid waste facilitylicense within ninety days of the date upon which a complete application is received,unless detail plans required by rule 3745-27-06 of the Administrative Code have notbeen approved and permits required by Chapter 3745-31 of the Administrative Codehave not been issued by the director prior to expiration of this ninety day period.For new facilities, a license shall be issued or denied following the director's finalissuance of the facility's solid waste facility permit but not later than thirty days afterthe site has been inspected as required by paragraph (A)(4) of rule 3745-37-03 of theAdministrative Code.

(B) All licenses applied for pursuant to paragraph (D) of rule 3745-37-02 of theAdministrative Code shall contain an effective date of January first. Licenses appliedfor pursuant to paragraph (D)(1) of rule 3745-37-02 of the Administrative Code shallbe effective upon the date of issuance.

(C) The board of health or the director shall either grant or deny an infectious wastetreatment facility license within ninety days of the date upon which a completeapplication is received, unless detail plans required by rule 3745-27-37 of theAdministrative Code have not been approved and permits required by Chapter3745-31 of the Administrative Code have not been issued by the director prior toexpiration of this ninety day period. For new facilities, a license shall be issuedor denied following the director's final issuance of the facility's infectious wastetreatment facility permit but not later than thirty days after the site has been inspectedas required by paragraph (B)(4) of rule 3745-37-03 of the Administrative Code.

(D) The licensing authority shall either grant or deny a construction and demolition debrisfacility license within ninety days of the date upon which a complete application isreceived. When a license is granted, the licensing authority shall remit one copy ofthe approved license application to the licensee with the license.




Effective:


Certification

Date


TO BE RESCINDED

3745-37-05 Expiration of licenses.

All solid waste facility licenses, infectious waste treatment facility licenses or constructionand demolition debris facility licenses shall expire on December thirty-first of the year inwhich they become effective.




Effective:


Certification

Date


TO BE RESCINDED

3745-37-06 Transfer of licenses.

(A) A person holding a solid waste facility license or infectious waste treatment facilitylicense or construction and demolition debris facility license shall not transfer saidlicense to another person unless the license holder notifies the board of health and thedirector in writing of the identity of the transferee and of the transferee's assumptionof his obligations, at least one hundred twenty days prior to the proposed date of thetransfer. The license transfer shall not be effective until approved by the director andby the board of health if the board is the license-issuing authority. The license holdershall publish prominent notice of the request for transfer of the license in the paper ofgeneral circulation in the county in which the facility is located at four-week intervals.

(B) Not later than one hundred twenty days after receiving such notice, the board of health orthe director shall approve or disapprove the transfer. The transfer shall be disapprovedif the board or the director concludes, based on the transferee's previous operations,that the transferee will not operate the facility in substantial compliance with Chapter3734. of the Revised Code and Chapters 3745-27 and 3745-37 of the AdministrativeCode in the case of a solid waste facility or infectious waste treatment facility license,or with Chapter 3714. of the Revised Code and Chapters 3745-400 and 3745-37 ofthe Administrative Code in the case of a construction and demolition debris facilitylicense, or that the facility cannot be brought into substantial compliance. The boardof health or the director shall promptly notify the transferee and the transferor of hisor its decision in writing and shall state the reasons for his or its conclusions.

(C) A solid waste facility license or infectious waste treatment facility license orconstruction and demolition debris facility license shall not be transferred from onefacility to another.




Effective:


Certification

Date


TO BE RESCINDED

3745-37-07 Procedures for granting, denying, suspending, modifying,revoking, or disapproving transfer of solid waste facility licenses,infectious waste treatment facility licenses or construction anddemolition debris facility licenses.

(A) In granting, denying, suspending, modifying, revoking or disapproving transfer of solidwaste facility licenses, or infectious waste treatment facility licenses, or constructionand demolition debris facility licenses, the director shall act in accordance with therequirements of Chapters 3714., 3734., and 3745. of the Revised Code.

(B) In granting, denying, suspending, modifying, revoking, or disapproving transfer of solidwaste facility licenses, or infectious waste treatment facility licenses, the board ofhealth shall act in accordance with Chapter 3734. and sections 3709.20 and 3709.21of the Revised Code. In granting, denying, suspending, modifying, revoking, ordisapproving transfer of construction and demolition debris facility licenses, thelicensing authority shall act in accordance with Chapter 3714. and sections 3709.20and 3709.21 of the Revised Code.




Effective:


Certification

Date


3745-37-07 Procedures for granting, denying, suspending, modifying,revoking, or disapproving transfer of solid waste facility licenses,infectious waste treatment facility licenses or construction anddemolition debris facility licenses.

Any reference to this rule in rule 3745-37-08 of the Administrative Code shall be construedas a reference to rules 3745-500-120, 3745-501-15, and 3745-501-20 of the AdministrativeCode.



3745-37-07 2


Effective:


Certification

Date


TO BE RESCINDED

3745-37-11 Conditional solid waste disposal licenses.

(A) Before the Board of Health or the Director may make final the suspension, denial, orrevocation of any solid waste disposal license held by any political subdivision, theBoard or the Director shall issue a proposed suspension, denial, or revocation in themanner set forth in Regulation 3745-37-07.

(B) If the political subdivision to which the proposed suspension, denial, or revocation isissued requests an adjudication hearing to contest the proposed denial, suspension,or revocation, the political subdivision may, at the adjudication hearing, presentevidence relating to its financial ability to comply with Chapter 3745-27. Suchevidence shall show

(1) that the political subdivision is levying taxes the revenues from which may beexpended to comply with Chapter 3745-27 at the maximum rates imposed bythe Ohio Constitution and the applicable statutes, and

(2) that the political subdivision has diligently attempted to increase taxes therevenues from which may be expended to comply with Chapter 3745-27beyond the limits normally imposed by the applicable statutes and the OhioConstitution and has been unsuccessful, and

(3) that expending sufficient funds to comply with Chapter 3745-27 would divertrevenues from police forces, courts, fire departments, or essential public healthprograms other than solid waste disposal, and

(4) that incurring indebtedness for purposes of compliance with Chapter 3745-27would be imprudent in view of the overall financial condition of the politicalsubdivision, or that, if indebtedness has already been incurred, incurringadditional indebtedness would be imprudent, and

(5) that the political subdivision cannot legally levy and enforce a user fee on all usersof the site or facility sufficient to permit compliance with regulation 3745-27,and

(6) that the political subdivision cannot feasibly utilize the licensed disposal facility ofanother political subdivision, or operate a disposal facility jointly with anotherpolitical subdivision, and

(7) that the political subdivision has fully assessed the capabilities and capacities ofprivate solid waste management firms to supply those facilities and/or servicesfor which the application for a conditional solid waste disposal license is




being made. The Board or the Director shall require evidence that the politicalsubdivision has directly contacted private firms and has been unable to securethose services or facilities for which the conditional license is being requested.

(C) If the political subdivision proves to the satisfaction of the Board or the Director that allof the criteria set forth in paragraph (B) above are satisfied, the Board or the Directormay, if the hearing was from denial of a license, grant a conditional operating license,which shall excuse the political subdivision from compliance with such provisions ofChapter 3745-27 as were shown at the hearing to be beyond the political subdivision'sfinancial ability; or may, if the hearing was from suspension or revocation of a license,modify the license so as to excuse the political subdivision from compliance withsuch provisions of Chapter 3745-27 as were shown at the hearing to be beyond itsfinancial ability. Such licenses shall be in all other respects identical to other solidwaste disposal licenses issued under this Chapter, 3745-37.

(D) Whenever the Board or the Director grants a conditional solid waste disposal licenseas provided in paragraph (D) above, it shall specify in the license a reasonable timewithin which the political subdivision shall be required to bring the solid wastedisposal facility for which the license was issued into full compliance with Chapter3745-27.

(E) Whenever a political subdivision holding a conditional operating license, or a solidwaste disposal license modified pursuant to paragraph (D) above, is required byRegulation 3745-37-02 (D) to apply for another license because of the impendingexpiration of the currently effective license, such political subdivision shall makeapplication in the same manner as applications are made for other solid waste disposallicenses. The Board of Health or the Director shall process such application in thesame manner as other applications are required to be processed by this Chapter,3745-37. If, upon receiving notice of the Board's or the Director's proposed denial ofthe application, the political subdivision determines that it wishes to obtain anotherconditional operating license, it shall proceed as provided in paragraphs (B) through(E) above.

(F) No solid waste disposal facility operating under a conditional license shall be permittedto receive sewage solids, semi-solids and liquids, other semi-solids or liquids, orhazardous wastes.


Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3734.02Rule Amplifies: 3734.05Prior Effective Dates: 07/29/1976

3745-37-11 Health districts - additional applicability.

For the purposes of rules 3745-37-08, 3745-37-09, and 3745-37-10 of the AdministrativeCode, a reference to this chapter shall be construed as a reference to rules 3745-37-08,3745-37-09, 3745-37-10, 3745-500-120, 3745-501-15, 3745-501-20, 3745-501-35, and3745-501-40 of the Administrative Code.



3745-37-11 2

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.06, 3714.09, 3734.05, 3734.08

TO BE RESCINDED

3745-37-14 Authorized maximum daily waste receipts.

(A) When the director issues an order under division (A) of section 3734.06 of the RevisedCode setting forth an authorized maximum daily waste receipt as defined in paragraph(G) of rule 3745-31-01 of the Administrative Code for any period of time not subjectto the waste receipt limitation in section 6(C) of Amended Substitute House Bill592, effective June 24, 1988, he shall establish the authorized maximum daily wastereceipt at one hundred twenty per cent of the figure established under that section.If a waiver has been granted under the emergency need provisions of that section,the authorized maximum daily waste receipt shall be equal to the figure granted inthe waiver.

(B) Any authorized maximum daily waste receipt established by order issued under division(A) of section 3734.06 of the Revised Code will expire upon the effective date of apermit to install for the facility issued under Chapter 3745-31 of the AdministrativeCode that contains an authorized maximum daily waste receipt.

(C) License fees for the annual solid waste disposal license shall be based on the highestauthorized maximum daily waste receipt that will be in effect in the year to which thelicense pertains, except that if any higher authorized maximum daily waste receipttakes effect after the effective date of the license, it shall not be considered indetermining the fee.

(D)

(1) The owner or operator of a licensed solid waste facility may make a written requestto the director for a temporary increase in the facility's authorized maximumdaily waste receipt. Such written request shall include the following:

(a) A discussion of the circumstances warranting the request and howcontinued compliance with the existing authorized maximum daily wastereceipt will affect public health and safety, including any availabledocumentation in support of the temporary increase; and

(b) The anticipated length of time the increase will be necessary. If theanticipated length of time exceeds ninety days, include a scheduleaddressing the submittal of a permit to install application for an increasein the facility's authorized maximum daily waste receipt. Such scheduleshall provide for the submittal of a permit to install application withinthirty days of the date of issuance of any such authorization by thedirector; and




(c) A discussion of how the operation of the facility will accommodate thetemporary increase to assure compliance with Chapter 3745-27 of theAdministrative Code; and

(d) A copy of a letter having been sent by certified mail to the board of directorsof the solid waste management district and the chairperson of the solidwaste management policy committee where the facility is located, whichprovided notification of the facility owner's or operator's intent to requesta temporary increase in the facility's authorized maximum daily wastereceipt and a copy of the information required to be submitted to thedirector for his review and approval; and

(e) In the case where the increased amount of solid waste necessitating therequest is generated out-of-district, copies of letters having been sent bycertified mail to the board of directors of each solid waste managementdistrict where the increased amount of solid waste necessitating therequest is generated, which provided notification of the facility owner'sor operator's intent to request a temporary increase in the facility'sauthorized maximum daily waste receipt, and a copy of the informationrequired to be submitted to the director for his review and approval; and

(f) A copy of a letter sent by certified mail to the local health departmenthaving jurisdiction over the facility which provides notification of theowner's or operator's intent to request a temporary increase in the facility'sauthorized maximum daily waste receipt.

(2) If the director makes the determination that an emergency exists affecting publichealth and safety which necessitates a temporary increase in the solid wastereceipt at the facility, the director may authorize a temporary increase asnecessary for up to a maximum of one hundred eighty consecutive days.The director may include in the authorization a condition that, should theincreased waste receipt result in operational violations at the facility, theauthorization shall automatically become void upon the director's providingwritten notification to the owner or operator. An authorization for a temporaryincrease is not renewable. No such temporary increase based upon seasonalincreases in waste generation may be authorized for a facility within eighteenmonths of the issuance date of any prior director's authorization of a temporaryincrease at the same facility. An authorization for a temporary increase in theauthorized maximum daily waste receipt which exceeds ninety days shall:

(a) Be conditioned upon the submittal of a substantially approvable permit toinstall application for a permanent increase in the authorized maximumdaily waste receipt. Such application must be submitted within thirty days


of the date of the director's authorization of the temporary increase. failureto comply with this condition shall result in the authorization becomingvoid automatically upon the director providing written notification.

(b) Be utilized in establishing a facility's annual license fee.

(3) This paragraph is not applicable where the director exercises his authority underdivision (C)(1) of section 3734.53 of the Revised Code.


Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3734.02Rule Amplifies: 3734.05, 3734.06Prior Effective Dates: 11/17/1988 (Emer.), 03/09/1989 (Emer.), 06/12/1989,

05/31/1991

3745-37-14 Authorized maximum daily waste receipts.

An owner or operator subject to this rule shall follow rule 3745-501-75 of theAdministrative Code.



3745-37-14 2


Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3734.02Rule Amplifies: 3734.05, 3734.06Prior Effective Dates: 11/17/1988 (Emer.), 03/09/1989 (Emer.), 06/12/1989,

05/31/1991

TO BE RESCINDED

3745-37-15 Additional criteria for issuing solid waste facility licenses toscrap tire facilities.

(A) The following criteria for issuing solid waste facility licenses to scrap tire facilities arein addition to those in paragraph (A) of rule 3745-37-03 of the Administrative Code.The board of health or the director, whichever is applicable, shall not issue a solidwaste facility license, under section 3734.81 of the Revised Code, to a solid wastefacility which is a scrap tire facility unless:

(1) A permit to install, if required by section 3734.71, 3734.72, or 3734.73 of theRevised Code or a registration certificate, if required by section 3734.70,3734.71, or 3734.73 of the Revised Code, has been obtained by the applicant;and

(2) Detail plans have been approved by the director, if required by section 3734.75,3734.76, 3734.77, or 3734.78 of the Revised Code; and

(3) Any additional information, in addition to that required by this rule orrule 3745-37-02 of the Administrative Code, which the licensing authoritydetermines is necessary to determine whether the application satisfies therequirements of Chapters 3745-27 and 3745-37 of the Administrative Codehas been submitted. The license applicant shall supply such information as aprecondition to further consideration of the license application.

(B) Application for solid waste facility licenses for facilities which are scrap tire facilitiesshall be made:

(1) At least ninety days prior to the anticipated date for accepting scrap tires at thefacility; and

(2) During the month of September, if the licensed facility will continue operationsbeyond December thirty-first; and

(3) For scrap tire facilities in operation on March 1, 1996, at the same time assubmitting an initial permit to install or registration certificate application fora scrap tire facility as required by rule 3745-27-97 of the Administrative Code.

(C) Scrap tire facilities shall pay a non-refundable application fee to the approved healthdepartment or the director of one hundred dollars, except that the application fee doesnot apply to an application for a license for a scrap tire collection or storage facilitythat is owned or operated by a motor vehicle salvage dealer licensed under Chapter4738. of the Revised Code.




(1) The non-refundable application fee shall be placed in a special fund set up by thelocal health department in accordance with division (F) of section 3734.82 ofthe Revised Code; and

(2) This special fund shall be used solely to administer and enforce scrap tireprovisions of Chapter 3734. of the Revised Code and the rules adopted under it.

(D) In the case of a scrap tire facility for which a "facility compliance plan" is required to besubmitted with the application for a registration certificate or permit to install in rule3745-27-61 or 3745-27-63 of the Administrative Code, whichever is applicable, theboard of health or the director, whichever is applicable, shall not issue the initial solidwaste facility license for the scrap tire facility unless the application for the scraptire facility submits with the application for the initial license an accurate estimateof the number of scrap tires which have been collected or stored at the facility as ofMarch 1, 1996.

(E) In the case of a scrap tire facility for which a "facility compliance plan" is required tobe submitted with the application for a registration certificate or permit to install inrule 3745-27-61 or 3745-27-63 of the Administrative Code, whichever is applicable,the board of health or the director, whichever is applicable, shall not issue a solidwaste facility license for the scrap tire facility for the license periods commencing onJanuary 1, 1998 through January 1, 2002, unless:

(1) The applicant for the scrap tire facility license submits a revised "facilitycompliance plan" with the application for the license. The revised "facilitycompliance plan" shall contain all the information specified in rule 3745-27-61or 3745-27-63 of the Administrative Code, whichever is applicable, and shallclearly indicate any changes in methods, procedures, and schedule by whichthe owner or operator will remove and/or store scrap tires at the facility inaccordance with time frames and requirements for the scrap tire facility; and

(2) The applicant shall submit a demonstration that the number of scrap tires indicatedon the application for the initial license have been or will have been reducedby at least twenty per cent during the current license year or that at least twentyper cent of those tires have been or will have been stored in compliance withthe applicable requirements specified in rule 3745-27-61 or 3745-27-63 of theAdministrative Code, whichever is applicable.

(3) At the end of the period of time described in the "facility compliance plan", theapplicant shall submit a demonstration that the size of the facility does notexceed its registered or permitted maximum size.


(F) For a scrap tire facility that is owned or operated by an existing motor vehicle salvagedealer licensed under Chapter 4738. of the Revised Code:

(1) Paragraph (D) of this rule applies to the issuing of a solid waste facility license forthe scrap tire facility for the license periods commencing on January 1, 1997through January 1, 1999, and

(2) Paragraph (E) of this rule applies to the issuing of a solid waste facility licensefor the scrap tire facility for the license periods commencing on January 1,2000 through January 1, 2003. The demonstration to be submitted in accordancewith paragraph (D)(2) of this rule shall indicate that the number of scrap tiresindicated on the application for the initial license have been or will have beenreduced by at least twenty-five per cent during the current license year or thatat least twenty-five per cent of those tires have been or will have been storedin compliance with the applicable requirements specified in rule 3745-27-61 or3745-27-63 of the Administrative Code, whichever is applicable.


Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3734.02, 3734.70, 3734.71, 3734.72, 3734.73Rule Amplifies: 3734.70, 3734.71, 3734.72, 3734.73, 3734.75,

3734.76, 3734.77, 3734.78, 3734.81, 3734.82Prior Effective Dates: 03/01/1996

3745-500-02 General administration- definitions.

As used in this chapter and any chapter making these definitions applicable, terms in thisrule are defined as follows:

(A)

(1) "Administrative change" means an amendment to an authorizing document thatdoes not constitute a modification or alteration to the facility or permit to installfor the facility. An administrative change is not an action.

(2) "Applicant" means any person who has applied for authorization in accordancewith rules adopted under ChapterChapters 3714. and 3734. of the RevisedCode.

(3) "Approved board of health" means a board of health of a health district placedon the approved list by the director in accordance with section 3734.08 of theRevised Code.

(4) "Asbestos-containing waste materials" has the same meaning as in rule3745-20-01 of the Administrative Code.

[Comment: Asbestos-containing waste materials includes asbestos-containingmaterials regulated under NESHAP, 40 CFR Part 61, Subpart M as describedin rule 3745-500-03 of the Administrative Code.]

(5) "Assets" means all existing and all probable future economic benefits obtained orcontrolled by a particular person.

(6) "Authorizing document" means a document issued, approved, or concurred withby the director, Ohio EPA, an approved board of health, the Ohio environmentalreview appeals commission, or a court of competent jurisdiction that describesactivities that a person is either required to do, allowed to do, or prohibitedfrom doing, pursuant to and in compliance with applicable rules, statutes, andorders. Authorizing document includes but is not limited to a permit, license,registration, acknowledgment of registration, plan, alteration, approval to usean alternative material, and order.

(7) "Authorized maximum daily waste receipt" or "AMDWR" means the maximumamount of solid waste a solid waste disposal facility may receive at the gatein any calendar day.

(B) "Board of health" means the board of health of a city or general health district, theauthority having the duties of a board of health in any city as authorized by section

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3745-500-02 2

3709.05 of the Revised Code, or a representative delegated by the board of health toact on behalf of the board of health.

(C)

(1) "Commingled yard waste" means yard waste that has been commingled withother solid wastes. Commingled yard waste does include containerized source-separated yard waste including but not limited to yard waste in paper or plasticbags where such bags are commingled with other solid wastes.

(1)(2) "Composting facility" means a site, location, tract of land, installation, orbuilding used for composting of solid waste in accordance with Chapter 3734.of the Revised Code and rules adopted thereunder. The composting facilityincludes the area of materials placement and any leachate management systemstructures.

(2)(3) "Constituent" means a compound or element suspended in, dissolved in, mixedin, or comprising of a liquid, gas, or solid.

(3)(4) "Construct" means to build, reconstruct, or repair when such activity affectsany engineered component of a facility. Construct does not include routinemaintenance activities.

(4)(5) "Construction and demolition debris" or "C&DD" has the same meaning as insection 3714.01 of the Revised Code.

(6) "Construction and demolition debris facility" means any site, location, tractof land, installation, or building used for the disposal of construction anddemolition debris.

(5)(7) "Convert" means to alter the physical or chemical nature or properties.

(D)

(1) "Developed spring" means any spring that has been modified by the addition ofpipes or a collection basin to facilitate the collection and use of the spring water.

(2) "Director" means the director of environmental protection or the director'sauthorized representative.

(3) "Disposal" has the same meaning as in section 3734.01 of the Revised Code.

3745-500-02 3

(4) "Disposal limits" means the horizontal and vertical boundaries within thea solidwaste facility where solid waste has been disposed, is being disposed, or willbe disposed within those boundaries.

(E)

(1) "Establish" or "establishment" of a facility means to dispose of waste or constructor install any facility components and includes excavation that is related to theconstruction of a facility or any components thereof. Establish or establishmentincludes conducting such activities at any location not authorized to dispose ofwaste. Establish or establishment includes permitting a pre-existing buildingfor use as a solid waste transfer facility. Establish or establishment does notinclude clearing, grubbing, or installing ground water monitoring wells.

(2) "Execute" means to complete and sign a document acceptable to the director forthe purpose of establishing a financial assurance instrument.

(3) "Exemption" means a discretionary action of the director that relieves theapplicant from a requirement of Chapter 3714. or Chapter 3734. of the RevisedCode or any rule adopted thereunder.

(F)

(1) "Feedstock" means a solid waste that will readily decompose during thecomposting process including but not limited to yard waste, agricultural waste,animal waste, food scraps, animal carcasses, raw rendering material, and mixedsolid waste.

(2) "Food scraps" means unprocessed and processed vegetables, fruits, grains, dairyproducts, meats, and other residuals from food intended for human or animalconsumption, and any compostable containers or compostable serviceware thatare commingled with the food scraps.

(3) "Functionally equivalent," means when a practice, method, technique, procedure,design, material, or component performs the same function and provides thesame or improved utility as is being required through the rule.

(G) "Ground water" means any water below the surface of the earth in a zone of saturation.

(H)

(1) "Hazardous waste" means hazardous waste as defined in Chapter 3734. of theRevised Code and includes waste that is listed specifically as hazardous waste

3745-500-02 4

or exhibits one or more characteristics of hazardous waste as defined in Chapter3745-51 of the Administrative Code.

(2) "Health commissioner" means the individual occupying the office created bysection 3709.11 or 3709.14 of the Revised Code or the health commissioner'sauthorized representative.

(3) "Health district" means a city or general health district created by or under theauthority of Chapter 3709. of the Revised Code.

(I)

(1) "Independently audited" means reviewed by an independent certified publicaccountant in accordance with generally accepted accounting standards, or fora publicly-owned facility, an equivalent comprehensive audit performed by theauditor of the state of Ohio pursuant to Chapter 117. of the Revised Code.

(2) "Infectious waste" has the same meaning as in section 3734.01 of the RevisedCode.

(J) [Reserved.]

(K) [Reserved.]

(L)

(1) "Leachate" means liquid that has come in contact with or been released from solidwaste.

(2) "Liabilities" means probable future sacrifices of economic benefits arising frompresent obligations to transfer assets or provide services to other persons in thefuture as a result of past transactions or events.

(3) "Licensing authority" means the approved board of health or in the absence of anapproved board of health, the director.

(M) [Reserved.]

(N)

(1) "Natural area" means any of the following:

(a) Areas designated by the director of natural resources as a state naturepreserve, including all lands dedicated under the Ohio natural areas law,a state wildlife area, or a state wild, scenic, or recreational river.

3745-500-02 5

(b) Areas designated, owned, and managed by the Ohio historical societyhistoryconnection as a nature preserve.

(c) Areas designated by the United States department of the interior as a nationalwildlife refuge or a national wild, scenic, or recreational river.

(d) Areas designated by the United States forest service as either a specialinterest area or a research natural area in the Wayne national forest.

(e) Stream segments designated by Ohio EPA as a state resource water, acoldwater habitat, or an exceptional warmwater habitat.

(2) "Nuisance" means anything that is injurious to human health or offensive to thesenses; interferes with the comfortable enjoyment of life or property; and affectsa community, neighborhood, or any considerable number of persons, (althoughthe extent of annoyance or damage inflicted upon individual persons may beunequal).

(O)

(1) "Occupied dwelling" means the following, but does not include a dwelling ownedor controlled by the owner or operator of a facility to which the siting criteriaare being applied:

(a) A building used or intended to be used in whole or in part as a personalresidence by the owner, part-time owner, or lessee of the building orany person authorized by the owner, part-time owner, or lessee to usethe building as a personal residence. For the purposes of this definition,"owner" means a person with the right to exclusive use, control, orpossess a building.

(b) A place of worship as defined in section 5104.01 of the Revised Code.

(c) A child day-care center as defined in section 5104.01 of the Revised Code.

(d) A hospital as defined in section 3727.01 of the Revised Code.

(e) A nursing home as defined in section 3721.01 of the Revised Code.

(f) A school.

(g) A restaurant or other eating establishment.

3745-500-02 6

(2) "Occupied structure" means an enclosed structure where one or more humanbeings may be present, but does not include structures that are open to naturalfree air circulation such that the explosive gas hazard is minimized.

(3) "Ohio EPA" means Ohio environmental protection agency.

(4) "One hundred year floodplain" means any land area which is subject to a one percent or greater chance of flooding in any given year from any source.

(5) "Open burning" means one of the following:

(a) The burning of solid wastes in an open area.

(b) The burning of solid wastes in a type of chamber or vessel that is notapproved or authorized in rules adopted by the director under section3734.02 of the Revised Code or, if the solid wastes consist of scrap tires,in rules adopted by the director under section 3734.73 of the RevisedCode.

(6) "Open dumping" means the following:

(a) The deposition of solid wastes, other than scrap tires, into waters of the state,and also means the final deposition of solid wastes on or into the groundat any place other than a solid waste facility operated in accordance withChapter 3734. of the Revised Code and rules adopted thereunder.

(b) The deposition of solid wastes that consist of scrap tires into waters of thestate, and also means the final deposition of scrap tires on or into theground at any place other than a scrap tire collection, storage, monofill,monocell, or recovery facility licensed under section 3734.81 of theRevised Code, or at a site or in a manner not specifically identifiedin division (C)(2), (C)(3), (C)(4), (C)(5), (C)(7), or (C)(10) of section3734.85 of the Revised Code, or at any licensed solid waste facility if thedeposition is not in accordance with Chapter 3734. of the Revised Codeand rules adopted thereunder.

(c) The deposition of solid wastes that consist of scrap tires in buildings, trailers,or other vehicles, unless for fewer than fourteen days at a scrap tiretransporter's registered business location, a licensed scrap tire facility, oran unregistered scrap tire facility operating in accordance with Chapter3734. of the Revised Code and rules adopted thereunder.

(d) The deposition of untreated or treated infectious wastes into waters of thestate, and also means the final deposition of untreated or treated infectious

3745-500-02 7

wastes on or into the ground at any place other than a licensed solid wastefacility operated in accordance with Chapter 3734. of the Revised Codeand rules adopted thereunder.

(7) "Operator" or "facility operator" means any person who has supervisory authorityor the authority to make discretionary decisions concerning the construction,operation, maintenance, or monitoring of a solid waste facility, C&DD facility,infectious waste treatment facility, or scrap tire transportation business.

(8) "Owner" means the person who holds title to the land on which the solidwaste facility, C&DD facility, infectious waste treatment facility, or scraptire transportation business is located or the person who owns a majority orcontrolling interest in the facility or business.

(P)

(1) "Parameter" means a measurable factor of a liquid, gas, or solid such astemperature, pH, length, or elevation, and includes constituents of the liquid,gas, or solid.

(2) "Park" means any of the following:

(a) A state park established or dedicated under Chapter 1541. of the RevisedCode.

(b) A state park purchase area established under section 1546.06 of the RevisedCode.

(c) A unit of the national park system, or any property located in Ohio that lieswithin the boundaries of a national park or recreation area, but that hasnot been acquired or is not administered by the secretary of the UnitedStates department of the interior, or any candidate area located in Ohioand identified for potential inclusion in the national park system in theedition of the "national park system plan" submitted under paragraph (b)of section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 U.S.C.A.1a-5, as defined in rule 3745-500-03 of the Administrative Code, currenton the date Ohio EPA received the permit to install application.

(3) "Permitting authority" means the director.

(4) "Person" includes the state, any political subdivision of the state or other state orlocal body, the United States and any agency or instrumentality thereof, andany legal entity or organization defined as a person under section 1.59 of theRevised Code, or other entity.

3745-500-02 8

(5) "Premises" means either of the following:

(a) Geographically contiguous property owned by the same person.

(b) Noncontiguous property that is owned by the same person and connectedby a right-of-way that the person controls and to which the public doesnot have access. Two or more pieces of property that are geographicallycontiguous and divided by one or more public or private right-of-way area single premises.

(6) "Professional engineer" means an individual authorized to practice the professionof engineering pursuant to Chapter 4733. of the Revised Code.

(7) "Professional surveyor" means an individual authorized to practice the professionof surveying pursuant to Chapter 4733. of the Revised Code.

(8) "Public water supply well" means any well connected to a public water system asdefined by division (A) of section 6109.01 of the Revised Code.

(Q) [Reserved.]

(R)

(1) "Recycling" means converting solid waste that would otherwise be disposedand returning the converted material to commerce as a commodity for useor exchange in an established and legitimate market. Recycling is not reuse,storage, disposal, or transfer.

(2) "Registrant" means any person to whom a registration has been issued.

(3) "Reuse" means taking a solid waste that would otherwise be disposed and usingit for its original purpose or a similar purpose, without converting the material.Reuse does not include using solid waste as fill. Reuse is not recycling, storage,transfer, or disposal.

(S)

(1) "Scrap tire" has the same meaning as in section 3734.01 of the Revised Code.

(2) "Scrap tire facility" includes but is not limited to a scrap tire collection facility,scrap tire storage facility, scrap tire recovery facility, scrap tire monofill facility,and scrap tire monocell facility.

(3) "Solid waste" has the same meaning as in section 3734.01 of the Revised Code.

3745-500-02 9

(4) "Solid waste disposal facility" means any site, location, tract of land, installation,or building used for incineration, composting, sanitary landfilling, or otherapproved methods of disposal of solid wastes.

(5) "Solid waste facility" means a site, location, tract of land, installation, or buildingused for incineration, composting, sanitary landfilling, or other methods ofdisposal of solid wastes or, if the solid wastes consist of scrap tires, forcollection, storage, or processing of the solid wastes; or for the transfer of solidwastes.

(6) "Solid waste management district" means a county that has established aresolution, or joint counties that have entered into an agreement, for thepurposes of preparing, adopting, submitting, and implementing a solid wastemanagement plan for the county or joint counties and for the purposes ofproviding for, or causing to be provided for, the safe and sanitary managementof solid waste within all of the incorporated and unincorporated territory of thecounty or joint counties and in compliance with Chapters 343. and 3734. of theRevised Code.

(7) "Solid waste transfer facility" means any site, location, tract of land, installation,or building that is used or intended to be used primarily for the purpose oftransferring solid wastes that are generated off the premises of the facility fromvehicles or containers into other vehicles or containers for transportation to asolid waste disposal facility. The term does not include the following:

(a) Any facility that consists solely of portable containers that have an aggregatevolume of fifty cubic yards or less, as long as the waste is not placed onthe ground or on the waste handling floor.

(b) Any facility that accepts only source-separated recyclables or commingledrecyclables that are currently recoverable utilizing existing technology.

(c) Any facility where recycling activities are conducted and meets thefollowing:

(i) The facility does not hold a solid waste transfer facility license.

(ii) Recovers for recycling not less than sixty per cent of the weightof solid waste brought to the facility each month (as averagedmonthly) for not fewer than eight months in each calendar year.

(iii) Disposes of not more than forty per cent of the total weight of solidwaste brought to the facility each month (as averaged monthly) fornot fewer than eight months in each calendar year.

3745-500-02 10

(d) A facility identified as any of the following:

(i) A solid waste disposal facility used for incineration or sanitarylandfilling, including where the acceptance, unloading, processing,loading, and transport of solid waste for disposal are conductedwithin the boundary of the solid waste disposal facility.

(ii) A scrap tire collection, storage, recovery, monocell, or monofillfacility operating in accordance with Chapter 3734. of the RevisedCode and rules adopted thereunder.

(iii) A construction and demolition debris facility operating in accordancewith Chapter 3714. of the Revised Code and rules adoptedthereunder where the operator has removed unauthorized solidwaste from loads of C&DD for transport and management inaccordance with Chapter 3734. of the Revised Code.

(8) "Surface water" means any water on the surface of the earth.

(T) "Technologically enhanced naturally occurring radioactive material" or "TENORM"has the same meaning as in section 3748.01 of the Revised Code.

(U) [Reserved.]

(V) "Variance" means an action of the director that changes a requirement of a rule adoptedunder Chapter 3734. of the Revised Code.

(W)

(1) "Water pollution" means the unpermitted release of sediment from disturbedareas, solid waste or waste-derived constituents, or leachate to the waters ofthe state.

(2) "Waters of the state" means all streams, lakes, ponds, wetlandsmarshes,watercourses, waterways, wells, springs, irrigation systems, drainage systems,and all other bodies or accumulations of water, surface and underground,natural or artificial, regardless of the depth of the strata in which undergroundwater is located, that are situated wholly or partly within, or border upon,this state, or are within its jurisdiction, except those private waters thatdo not combine or effect a junction with natural surface or undergroundwaters, including those waters that are presently used, have been used, orare susceptible to use for transporting interstate commerce up to the head ofnavigation.

3745-500-02 11

(3) "Water supply well" includes potable and non-potable water supply wells.

(4) "Wetland" has the same meaning as in rule 3745-1-02 of the Administrative Code.

(X) [Reserved.]

(Y) "Yard waste" means solid waste that includes the following:

(1) Leaves.

(2) Grass clippings.

(3) Brush.

(4) Tree trunks and stumps.

(5) Prunings from trees or shrubs.

(6) Any plant materials from residential trees and edible gardens.

(7) Decorative plant materials that do not contain plastic, metal, polystyrene, or othernon-compostable material, including but not limited to any of the following:

(a) Pumpkins or gourds.

(b) Hay or straw bales.

(c) Holiday trees.

(d) Discarded or potted flowers.

(e) Wreaths.

(f) Grave blankets.

Yard waste does not include materials from industrial processing, agriculturalprocessing, or food processing.

(Z) "Zone of saturation" or "saturated zone" means that part of the earth's crust in whichall voids are filled with water. Zone of saturation or saturated zone does not includethe capillary zone.

3745-500-02 12

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02, 3734.12Rule Amplifies: 3714.02, 3734.01, 3734.02, 3734.12Prior Effective Dates: 04/02/2012, 04/01/2017, 10/01/2018

3745-500-120 Procedures for issuing, denying, modifying, transferring, andrevoking licenses and permits to install.

[Comment: Procedures for suspending a license can be found in rule 3745-501-40 of theAdministrative Code.]

(A) In deciding whether to issue, deny, or modify a permit to install, the director shall solicitthe input and coordinate the issuance of the permit to install with all relevant divisionsof Ohio EPA, as specified in the table in this paragraph. The director may consultwith other divisions or persons as the director deems appropriate.

Projects to be reviewed by relevant divisions:

Project Type Division of SurfaceWater

Division of AirPollution Control

Division of Drinkingand Ground Waters

Solid Waste TransferFacility

X X

Class I compostingfacility

X X X

(B) When issuing, denying, modifying, approving transfer of, denying transfer of, orrevoking a license or a permit to install for a solid waste facility, the director shallact in accordance with Chapters 119., 3714., 3734., and 3745. of the Revised Code,as applicable.

(C) When issuing, denying, modifying, approving transfer of, denying transfer of, orrevoking a license for a solid waste facility, the approved board of health shall actin accordance with ChapterChapters 3714., 3734., and sectionsections 3709.20 and3709.21 of the Revised Code, as applicable.

(D) When denying a license, revoking a license, or denying transfer of a license for a solidwaste facility, the approved board of health shall provide at a minimum the following:

(1) To the owner orand operator of the facility or the applicant for the license, thefollowing:

(a) Notice of the approved board of health's intent to deny or revoke a license.This notice shall include a provision informing the applicant, owner, oroperator of the right to a hearing prior to the issuance by the approvedboard of health of a final action denying or revoking a license. This noticeshall provide a period of thirty days in which to request a hearing.


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3745-500-120 2

(b) Upon request, a hearing, held in accordance with section 3709.20 of theRevised Code, at which the persons that have requested the hearing areprovided the following:

(i) The right to appear in person, by attorney, or by other suchrepresentation permitted to appear before the approved board ofhealth.

(ii) The opportunity to present evidence at the hearing, including thetestimony of witnesses under oath, and the opportunity to crossexamine opposing witnesses.

(iii) Following the rulings on the admissibility of evidence, theTheopportunity to proffer evidence that has been determined to beinadmissible.

(iv) A stenographic record of the hearing.

(c) Prior to the issuance of a final action and subsequent to a hearing conductedby a referee or examiner in accordance with division (B) of section3709.20 of the Revised Code, written recommendations presented to theapproved board of health and an opportunity to submit written objections.

(d) A copy of the final action of the approved board of health regarding thedenial or revocation of the license, with findings of fact and conclusionsof law based on the hearing held in accordance with section 3709.20 ofthe Revised Code. The copy with a statement of how and within whattime period the final action may be appealed to the environmental reviewappeals commission shall be sent by certified mail or any other form ofmail accompanied by a receipt. Such copy and statement shall also besent by certified mail or any other form of mail accompanied by a receiptto persons who have requested a hearing.

(2) To persons who have requested a hearing, upon receipt of a written signed requestfor a hearing, notice of the hearing date, time, and place not later than twentydays prior to the hearing.

3745-500-120 3

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.02, 3714.06, 3734.02, 3734.05, 3734.09, 3734.44Prior Effective Dates: 04/02/2012, 04/01/2017

3745-500-130 Retention and distribution of authorizing documents -procedures for approved boards of health and Ohio EPA.

(A) Procedures for approved boards of health.

If required by rules adopted under Chapter 3734. of the Revised Code, copiesCopiesof an authorizing document issued by the approved board of health and all associatedplans, specifications, and information shall be retained and distributed in accordancewith the following:

(1) The approved board of health shall retain at least one copy of the authorizingdocument and all associated plans, specifications, and information.

(2) Copies of authorizing documents shall be distributed by certified mail oranotheran other form of mail accompanied by a receipt not later than the end ofthe third business day following issuance of the authorizing document, exceptthat any plans, specifications, and information accompanying an authorizingdocument need not be distributed by certified mail or anotheran other form ofmail accompanied by a receipt.

(3) TheNot later than thirty days after issuance, the approved board of healthshall distribute copies of the authorizing document and any associated plans,specifications, and information as follows:

(a) Return one copy to the entityperson who submitted the application or requestfor the authorizing document.

(b) Send one copy to Ohio EPA.

(B) Procedures for Ohio EPA. Copies

Copies of an authorizing document issued by Ohio EPA and associated plans,specifications, and information shall be retained and distributed in accordance withagency procedural rules adopted pursuant to Chapter 119. of the Revised Code..



3745-500-130 2

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.02, 3734.02Prior Effective Dates: 04/02/2012

3745-501-01 Licensing - applicability.

The rules in this multi-program chapter shall apply when referenced in either of thefollowing:

(A) A rule in a program chapter.

(B) A rule in another multi-program chapter that was made applicable by a rule in a programchapter.

Program chapters are Chapters 3745-27, 3745-29, 3745-30, 3745-37, 3745-400, and3745-520 to 3745-599 of the Administrative Code.



3745-501-01 2

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.02, 3714.06, 3734.02, 3734.05Prior Effective Dates: 04/02/2012

3745-501-02 Licensing - definitions.

If a term used in this chapter is defined in rule 3745-500-02 of the Administrative Code,the definition in rule 3745-500-02 of the Administrative Code is applicable to this chapterunless the term is defined in this rule. As used in this chapter:

(A) [Reserved.]

(B) [Reserved.]

(C) [Reserved.]

(D) [Reserved.]

(E) [Reserved.]

(F) "Facility" means a "solid waste facility."any of the following:

(1) A solid waste facility.

(2) An infectious waste treatment facility.

(3) A construction and demolition debris facility.



3745-501-02 2

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.02, 3714.06, 3734.01, 3734.02, 3734.05Prior Effective Dates: 04/02/2012

TO BE RESCINDED

3745-501-05 Licenses required for solid waste facilities.

(A) No person shall operate a facility without possessing a separate, valid license foreach operation, as required by Chapter 3734. of the Revised Code and rules adoptedthereunder. Failure to obtain a renewal license is grounds for closure.

(B) Each license shall be obtained from the licensing authority.

(C) A license issued pursuant to this chapter shall be effective until December thirty-firstof the year for which it is issued, unless revoked.


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Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3734.02Rule Amplifies: 3734.02, 3734.05Prior Effective Dates: 04/02/2012

3745-501-05 Licensing requirements.

(A) No person shall operate or maintain a solid waste or construction and demolition debrisfacility without a separate license for each facility as required by Chapter 3714. or3734. of the Revised Code and the rules adopted thereunder.

[Comment: Failure to obtain a renewal license is grounds for closure.]

(B) Unless otherwise excluded by paragraph (C) of this rule, no person shall operatean infectious waste treatment facility without an infectious waste treatment facilitylicense.

(C) Infectious waste treatment facility exclusions. An infectious waste treatment facility isnot required to obtain a license if the infectious waste treatment facility meets anyof the following criteria:

(1) Is owned or operated by the generator of the wastes and exclusively treatswastes that are generated at any premises owned or operated by that generatorregardless of whether the wastes are generated on the same premises wherethe generator's treatment facility is located. Treatment of the wastes shall occurutilizing methods, techniques, and practices established by rules adopted underdivision (C)(1) or (C)(3) of section 3734.021 of the Revised Code. The owneror operator of an infectious waste facility operating in accordance with thisparagraph may accept infectious waste generated by small quantity generatorsfor treatment.

(2) Holds a license issued under section 4717.17 of the Revised Code and a permitissued under Chapter 3704. of the Revised Code.

(3) Treats or disposes of dead animals or parts thereof, or the blood of animals, andis subject to any of the following:

(a) Inspection under the "Federal Meat Inspection Act," 81 Stat. 584.21 U.S.C.A. 603.

(b) Chapter 918. of the Revised Code.

(c) Chapter 953. of the Revised Code.

(4) Holds a solid waste facility license with a notation on the license that the facilityalso treats infectious waste in accordance with division (B) of section 3734.05of the Revised Code.

(D) A license issued pursuant to this chapter shall be effective until December thirty-firstof the year for which the license is issued, unless revoked.



3745-501-05 2

Replaces: 3745-501-05

Effective:


Certification

Date


TO BE RESCINDED

3745-501-10 License applications, application procedures, and remittal offees after license issuance.

(A) Application.

(1) The applicant for a facility license shall be either the owner of the facility oroperator of the facility who has written permission from the land owner to applyfor a license.

(2) Applications for facility licenses required by rule 3745-501-05 of theAdministrative Code shall be made on forms prescribed by the director and ata minimum shall contain information regarding the applicant, owner, operator,facility contacts, property, and operations; signatures; certifications; and anyother information the director may require.

(B) License application and application procedures.

(1) Each application for a solid waste facility license shall be accompanied by anonrefundable fee in the amount specified in section 3734.05 of the RevisedCode. For annual renewal license applications received by a licensing authoritybetween October first and December thirty-first, the applicant shall pay anadditional late fee in the amount specified in section 3734.05 of the RevisedCode for each whole or partial week the application is submitted beyondSeptember thirtieth, which is the application deadline.

(2) If the licensing authority determines that information in addition to that requiredby the application form is necessary to determine whether the applicationsatisfies the requirements of Chapter 3734. of the Revised Code and rulesadopted thereunder, the applicant shall upon request supply such additionalinformation.

(3) Signature. An application for a license shall be signed in accordance with rule3745-500-50 of the Administrative Code.

(4) Time frame for application submittal.

(a) A license application shall be submitted to the licensing authority inaccordance with the following:

(i) For a facility that has not previously received a license, the applicantshall submit a license application not later than ninety days prior tothe proposed date for accepting solid waste.


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[Comment: Chapter 3734. of the Revised Code requires anapplicant for a solid waste facility permit to install to concurrentlysubmit an initial application for an operating license even thoughthe facility is not yet constructed or operating.]

(ii) For a facility that will continue operations beyond the expirationdate of the current license, the applicant shall submit a licenseapplication on or before September thirtieth of the year precedingthat for which the renewal license is sought.

(b) Any complete solid waste facility renewal license application submitted tothe licensing authority between October first and December thirty-first ofthe current license period shall be considered by the licensing authorityif the owner or operator pays the license application fee and the late feesspecified in paragraph (B)(1) of this rule.

(c) Any renewal license application not submitted to the licensing authority byDecember thirty-first of the current license period shall not be consideredfor approval or denial, and the facility will be subject to all applicableclosure requirements.

[Comment: Absent any obligation to cease facility operations, anyrequirement pursuant to Chapter 3734. of the Revised Code and rulesadopted under those chapters, or any administrative or court order, acurrent licensee who has filed an application for a renewal license withinthe time and in the manner provided in this rule is not required todiscontinue operations in the event that the licensing authority has nottaken a final action on the application.]

(C) License fees required after issuance of a license. Not later than thirty days after issuanceof a license for a solid waste facility, the owner or operator shall pay a license fee inthe amount established by division (A) of section 3734.06 of the Revised Code, asapplicable. The license application fee shall be deducted from the license fee amount.Late fees for license applications shall not be deducted from the license fee amount.


Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3734.02Rule Amplifies: 3734.02, 3734.05, 3734.06Prior Effective Dates: 04/02/2012

3745-501-10 License applications and application procedures.

(A) License application.

(1) The applicant for a facility license shall be the owner of the facility. If the applicantdoes not own the real property, the applicant shall be the operator that haswritten permission from each property owner to apply for a license.

(2) An application for a facility license required by rule 3745-501-05 of theAdministrative Code shall be made on forms prescribed by the director andcontain at a minimum the following:

(a) Information regarding the applicant.

(b) Information regarding the owner or operator.

(c) Information regarding the property.

(d) Information regarding the operations at the facility.

(e) Any additional information deemed necessary by the director.

(3) An applicant for a C&DD facility license shall submit three copies of theapplication to the licensing authority via certified mail or any other form ofmail accompanied by a receipt.

(B) License application procedures.

(1) Except for a scrap tire collection or scrap tire storage facility that is ownedor operated by a motor vehicle salvage dealer pursuant to Chapter 4738. ofthe Revised Code, each application for a solid waste facility or infectiouswaste treatment facility license shall be accompanied by a nonrefundable feein the amount specified in section 3734.05 or section 3734.81 of the RevisedCode. For annual renewal license applications received by a licensing authoritybetween October first and December thirty-first, the applicant shall pay anadditional late fee in the amount specified in section 3734.05 or 3734.81 ofthe Revised Code for each whole or partial week the application is submittedbeyond September thirtieth, which is the application deadline.

(2) An incomplete application shall not be considered. Not later than sixty days afterreceipt of an incomplete application, the applicant shall be notified of the natureof the deficiency and of refusal by the director or the approved board of healthto consider the application until the deficiency is rectified and the applicationcompleted.



3745-501-10 2

(3) Signature. An application for a license shall be signed in accordance with rule3745-500-50 of the Administrative Code.

(4) Timeframe for application submittal.

(a) A license application shall be submitted to the licensing authority inaccordance with the following:

(i) For a facility that has not previously received a license, the applicantshall submit a license application not later than ninety days priorto the proposed date for accepting solid waste, infectious waste, orC&DD.

[Comment: Chapter 3734. of the Revised Code requires anapplicant for a solid waste facility or infectious waste treatmentfacility permit to install to concurrently submit an initial applicationfor an operating license even though the facility is not yetconstructed or operating.]

(ii) For a facility that will continue operations beyond the expirationdate of the current license, the applicant shall submit a licenseapplication on or before September thirtieth of the year precedingthat for which the renewal license is sought.

[Comment: The owner or operator of a facility undergoing closurethat has ceased waste acceptance and operations prior to Decemberthirty-first is required to comply with all applicable operationalprovisions until the closure has been certified but is not required tosubmit an application for renewal of the facililty license.]

(b) Any complete facility renewal license application submitted to the licensingauthority between October first and December thirty-first of the currentlicense period shall be considered by the licensing authority provided thatthe license application fee and any applicable late fees are paid.

(c) Any renewal license application not submitted to the licensing authority byDecember thirty-first of the current license period shall not be consideredfor approval or denial, and the facility will be subject to all applicableclosure requirements.

[Comment: Absent any obligation to cease facility operations, anyrequirement pursuant to Chapter 3714. or 3734. of the Revised Codeand rules adopted under those chapters, or any administrative or courtorder, a current licensee who has filed an application for a renewal license

3745-501-10 3

within the time and in the manner provided in this rule is not requiredto discontinue operations in the event that the licensing authority has nottaken a final action on the application.]

(C) The approved board of health shall manage all license application fees in accordancewith the applicable provisions of Chapters 3714. and 3734. of the Revised Code.

3745-501-10 4

Replaces: 3745-501-10

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02Rule Amplifies: 3714.02, 3714.06, 3734.02, 3734.05, 3734.06Prior Effective Dates: 04/02/2012

3745-501-12 Additional criteria for C&DD license applications.

In addition to the requirements contained in rule 3745-501-10 of the Administrative Code,an application for a C&DD facility license shall include but is not limited to the following:

(A) A copy of the facility design plan prepared in accordance with rule 3745-400-07 of theAdministrative Code.

(B) In the case of an initial facility license, a letter from the local fire department statingthat the fire department will respond to fires at the facility.

(C) Delineation of the following on a plan drawing:

(1) The proposed active licensed disposal area.

(2) All proposed inactive licensed disposal areas including the following:

(a) Areas that have no debris placed in the area.

(b) For an existing facility, areas that have not been filled after September 30,1996 and do not have a dense vegetative cover.

(c) Areas that have been capped in accordance with paragraphs (D) and (E) ofrule 3745-400-07 of the Administrative Code and have received approvalin accordance with rule 3745-400-08 of the Administrative Code. Theseareas shall be subdivided and labeled as to the date the designated areareceived approval of the cap from the licensing authority.

(3) Facility environs in accordance with rule 3745-400-07 of the AdministrativeCode.

(D) The acreage for each area designated in paragraph (C) of this rule.

(E) The remaining life of the facility in years or volume.

(F) All financial assurance documentation required by rule 3745-400-13 of theAdministrative Code.

(G) A debris placement plan prepared by a professional engineer including information onplan drawings and in narrative form. The plan drawings shall be on plan sheets with aminimum dimension of twenty-four inches by thirty-six inches. The scale on the plandrawings shall be one inch equals no greater than two hundred feet and the contourinterval shall be no greater than five feet. The debris placement plan shall include butis not limited to the following:



3745-501-12 2

(1) Facility operation plan drawings that include the following:

(a) The facility boundaries.

(b) The limits of debris placement.

(c) A delineation of the areas and construction sequence for systematicconstruction activities in the unfilled areas of the proposed active licenseddisposal area.

(d) A delineation of the areas designated for debris placement in theproposed active licensed disposal area and delineation of sequence ofoperational activities to ensure that operations are in compliance with rule3745-400-11 of the Administrative Code.

(e) A depiction of the ground water monitoring wells in the facility designplan that will be installed or will continue to be sampled throughout thelicensing period.

(f) The direction of flow for all surface waters at the facility including thelocation of all run-on and run-off controls for the limits of debrisplacement and the location of any storm water, erosion, and sedimentcontrols required by Chapter 6111. of the Revised Code.

(g) All access roads to be constructed and operated during the licensure period.

(2) Detail drawings of the surface water run-on and run-off control structures.

(3) A pre-acceptance debris screening program narrative if the owner or operatorchooses to implement a pre-acceptance debris screening program in lieuof establishing an unloading zone as required by rule 3745-400-11 of theAdministrative Code. At a minimum, the pre-acceptance debris screeningprogram narrative shall include the following information:

(a) Procedures for recording and maintaining the following records:

(i) Generator identification.

(ii) The source of the debris.

(iii) The types of debris in the load including affirmation that the loaddoes not contain prohibited materials.

(iv) Whether the debris arrives at the facility unprocessed or processed.

3745-501-12 3

(v) Written verification by the generator of each load of the recordsrequired by this paragraph.

(b) Procedures for the identification and disposition of prohibited materialsincluding but not limited to the materials identified in section 3714.082or 3714.083 of the Revised Code. At a minimum, the procedures shallinclude the following:

(i) Conducting random visual inspections of incoming loads to discoverand segregate prohibited materials.

(ii) Handling and disposition of prohibited materials.

(iii) Documenting the inspection of incoming loads and the discovery,segregation, handling, and disposition of prohibited materials.

(iv) Training personnel to conduct the procedures established inparagraphs (G)(3)(b)(i) to (G)(3)(b)(iii) of this rule.

(4) For an existing facility, plan drawings showing the horizontal limits of any soilbarrier layer for construction over placed debris.

3745-501-12 4

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02Rule Amplifies: 3714.02, 3714.06

3745-501-15 Criteria for issuing or denying facility licenses.

(A) AThe licensing authority shall not issue a facility license unless the following criteriaare met:

(1) The applicant for the license is the owner of the facility or operator of the facilitywho and, if the applicant does not own all of the real property upon which thefacility is or will be located, has written permission from the land each ownerto apply for the license.

(2) The owner or operator holds a valid permit to install or a registration, if requiredby rules adopted under Chapter 3714. or Chapter 3734. of the Revised Codeand rules adopted thereunder.

(3) In the case of an initial facility license where a permit to install or registrationhas been issued pursuant to Chapter 3734. of the Revised Code and rulesadopted thereunder, the facility has been inspected by Ohio EPA and theapproved board of health district, if applicable, and has been determined to beconstructed in accordance with all authorizing documents and applicable rulesand is adequately prepared for acceptance of solid wasteoperations.

(4) The detail plans have been approved by the director if required by section 3734.05of the Revised Code.

(4)(5) The owner or operator has demonstrated that allappropriate approvals andauthorizations have been obtained including but not limited to approvals andauthorizations required pursuant to Chapters 3704. and 6111. of the RevisedCode.

(5)(6) The license application is complete pursuantconforms to rule3745-501-203745-501-10 or rule 3745-501-12 of the Administrative Code, asapplicable.

(6)(7) The owner or operatorClosure of the facility is not required to conduct closurein accordance with any applicable closure ruleby rules adopted under Chapter3714. or 3734. of the Revised Code, an effective order issued by the director,the approved board of health, the environmental review appeals commission,or a court of competent jurisdiction.

(7)(8) The owner or operator submitted thea complete license application for renewalto the licensing authority by December thirty-first of the current license period.

(8)(9) Financial assurance for the facility has been established and maintained forclosure and post-closure care, as applicable, and documentation of the financial



3745-501-15 2

assurance has been submitted in accordance with Chapter 3714. or Chapter3734. of the Revised Code and rules adopted thereunder.

(9)(10) The owner and operator, at facilities they own or operate, are in substantialcompliance with, or are on a legally enforceable schedule through issuance ofan administrative consent order or judicial consent order to attain compliancewith, environmental laws in this state and other jurisdictions Chapters 3704.,3714., 3734., 3745., and 6111. of the Revised Code. An owner or operatoris not in substantial compliance with the environmental laws of this state orother jurisdictions Chapters 3704., 3714., 3734., and 6111. of the RevisedCode if the owner or operator has committed a significant or material violationof an environmental law or has committed numerous, other violations ofenvironmental laws such that the violations reveal a practice of noncompliancewith environmental laws.

(10)(11) The owner and operator, at facilities they own or operate or facilities theypreviously owned or operated, have maintained a history of compliance withenvironmental laws in this state and other jurisdictions Chapters 3704., 3714.,3734., 3745., and 6111. of the Revised Code by resolving all administrativeand judicial enforcement actions that were brought against them which werebased on a significant or material violation of an environmental law, or werebased on numerous, other violations of environmental laws that revealed apractice of noncompliance with environmental laws. For purposes of this rule,an enforcement action has been resolved if the owner or operator has enteredinto an administrative consent order or judicial consent order with regard to theviolation of environmental laws, or the owner or operator has adjudicated theissue of whether they are in violation of environmental laws to finality.

(11)(12) The owner and operator exhibit sufficient reliability, expertise,and competency to operate the facility in substantial compliance withenvironmental laws in this state as a result of, and including but not limitedto, the assets, employees, equipment, and other resources available at, anddedicated to, the facility.

(13) For a C&DD facility, all portions of the proposed facility meet the requirementsof rule 3745-400-06 of the Administrative Code.

(B) Grounds for denial. The licensing authority may deny a license application request forany of the following reasons:

(1) Any of the criteria in paragraph (A) of this rule that are applicable to the facilityare not met.

3745-501-15 3

(2) The license application is incomplete and the applicant has not addressed a noticeof deficiency identified by the licensing authority not later than thirty days afterreceipt of the notice of deficiency.

(3) For a solid waste facility, the following additional grounds:

(a)(3) Falsification of any material information that is required to be submitted to alicensing authority as part of the license application.

(b)(4) A violation of Chapter 3714. or Chapter 3734. of the Revised Code, or anyrule adopted under that chapterthose chapters, including a violation of a termor condition of the facility's license has occurred.

3745-501-15 4

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02, 3734.12Rule Amplifies: 3714.02, 3714.06, 3734.02, 3734.05, 3734.07,

3734.09, 3734.12, 3734.44,Prior Effective Dates: 04/02/2012

3745-501-20 Procedures for the licensing authority for reviewing andconsidering license applications.

(A) If a license application is incomplete, the licensing authority shall, not later thansixty days after the receipt of an incomplete application, notify the applicant ofthe nature of the deficiency. If Not later than thirty days after receipt of the noticeof deficiency, if the applicant has not resubmitted a complete application to thelicensing authority, the licensing authority may deny the incomplete application. Anapplication is complete when the application contains all of the information that theapplicable statute and rules requiredrequire to be submitted, including such otherinformation as the licensing authority may reasonably require to determine that theapplication satisfies the requirements of the applicable statute and rules.

(B) Not morelater than sixty days prior to issuing a license, athe licensing authorityshall inspect the facility and certify that the owner and operator are in substantialcompliance with Chapter 3714. or Chapter 3734. of the Revised Code and the rulesadopted thereunder.

(C) Procedure.

(1) When acting upon a facility license, the licensing authority shall follow theapplicable procedures set forth in rule 3745-500-120 of the AdministrativeCode.

(2) In deciding whether to issue or deny a license, the licensing authority shall complywith rule 3745-501-15 of the Administrative Code.

(3) A renewal license application shall not be considered for issuance or denialfor a facility where the owner or operator is required to conduct closurerequirements in accordance with any applicable closure rule or where the owneror operator has failed to submit the license application to the licensing authorityby December thirty-first of the current license period.

(4) Time framesTimeframes for license actions. The licensing authority shall eitherissue or deny a license as follows:

(a) For a renewal license, not later than ninety days after the date upon whicha complete application is received.

(b) For a facility not previously licensed, not later than forty-five days afterwritten concurrence from Ohio EPA and the approved board of healthdistrict, if applicable, indicating that the site has been inspected and isprepared for operations pursuant to paragraph (A)(3) of rule 3745-501-15of the Administrative Code.



3745-501-20 2

(5) Terms and conditions. A licensing authority may impose such special termsand conditions as are necessary to protect public health and safety and theenvironment and to ensure that an owner and operator of a facility will complywith Chapter 3714. or Chapter 3734. of the Revised Code and the rules adoptedthereunder.

(D) Requirements after license issuance.

(1) UponFor a C&DD facility, upon issuance of a license, the licensing authority shallstamp all copies of the license application and approved plans, specifications,and information with the word "Approved" and the date of license issuance.

(2) Copies of the signed license and stamped copies of the license applicationand approved plans, specifications, and information shall be retained anddistributed by the licensing authority in accordance with rule 3745-500-130 ofthe Administrative Code.

(E) License fees. For a solid waste facilitiesfacility or an infectious waste treatment facility,the licensing authority shall collect the required license fees, including any applicablelate fees, and manage those funds in accordance with the applicable sections ofChapter 3734. of the Revised Code and the rules adopted thereunder.

3745-501-20 3

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02, 3734.12Rule Amplifies: 3714.02, 3714.06, 3734.02, 3734.05, 3734.07, 3734.12Prior Effective Dates: 04/02/2012

3745-501-25 Remittance of fees after license issuance.

(A) Not later than thirty days after issuance of a license for a solid waste facility oran infectious waste treatment facility, the owner or operator shall remit a licensefee in the amount established by division (A) of section 3734.06, division (C) ofsection 3734.06, or section 3734.82 of the Revised Code, as applicable. The licenseapplication fee shall be deducted from the license fee amount. Late fees for licenseapplications shall not be deducted from the license fee amount.

(B) The fee for the annual license shall be based on the following:

(1) For a solid waste facility other than a solid waste transfer facility or scrap tirefacility, the highest authorized maximum daily waste receipt that will be ineffect in the year to which the license pertains, unless a temporary increase ofninety days or less is in effect.

(2) For a solid waste transfer facility, the amount specified in division (A)(5) ofsection 3734.06 of the Revised Code.

(3) For a scrap tire facility, one of the following:

(a) Two hundred dollars if the facility is a scrap tire collection facility. If thescrap tire collection facility is owned or operated by a motor vehiclesalvage dealer licensed pursuant to Chapter 4738. of the Revised Code,the fee shall be fifty dollars.

(b) The authorized maximum daily waste receipt established in the permit toinstall for a scrap tire monocell or monofill facility in accordance withthe schedule contained in division (B) of section 3734.82 of the RevisedCode.

(c) The daily design input capacity as set forth in the registration certificateor permit to install for a scrap tire recovery facility, including a mobilescrap tire recovery facility in accordance with the schedule contained indivision (A) of section 3734.82 of the Revised Code.

(d) One thousand dollars for every acre on which scrap tires are to be storedfor a scrap tire storage facility during the license year. The total annuallicense fee for a scrap tire storage facility shall not exceed three thousanddollars. If the scrap tire storage facility is owned or operated by a motorvehicle salvage dealer licensed pursuant to Chapter 4738. of the RevisedCode, the fee shall be one hundred dollars.



3745-501-25 2

(4) For an infectious waste treatment facility, the maximum amount of infectiouswaste the facility is authorized to receive daily as established in the following,as applicable:

(a) The permit for the facility and any modifications to that permit issued underdivision (B)(2)(b) or (B)(2)(c) of section 3734.05 of the Revised Code.

(b) The annual license for the facility and any revisions to that license issuedunder division (B)(2)(a) of section 3734.05 of the Revised Code.

(C) Any subsequent higher authorized maximum daily waste receipt or daily design inputcapacity authorized after the effective date of the license shall not be considered indetermining the current license fee.

3745-501-25 3

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3734.02Rule Amplifies: 3734.02, 3734.05, 3734.06

TO BE RESCINDED


(A) License transfer requests.

(1) A solid waste facility licensee may transfer the license after receiving writtenauthorization from both the director and the approved board of health.

(2) Licensee transfer procedures.

(a) Not later than one hundred twenty days prior to the proposed date of a licensetransfer, the current licensee shall notify the director and, if applicable,the approved board of health, in writing specifying the identity of theproposed transferee and the proposed date for the transferee's assumptionof the licensee's obligations.

(b) The proposed license transfer shall be made on forms prescribed bythe director and at a minimum shall contain information regarding theapplicant, owner, operator, facility contacts, property, and operations;signatures; certifications; and any other information the director mayrequire.

(B) License transfer criteria. A license transfer request shall not be approved unlessapplicable criteria of Chapter 3734. of the Revised Code and the following criteriaare met:

(1) The prospective license transferee meets the requirements as specified in rule3745-501-15 of the Administrative Code.

(2) The prospective license transferee has established and submitted documentationof financial assurance in accordance with Chapter 3734. of the Revised Codeand the rules adopted thereunder.

(3) The prospective transferee of the license is the owner or operator of the facilitywho has written permission from the land owner.

(C) Licensing authority procedures.

(1) When acting upon a license transfer request, the licensing authority shall followthe appropriate procedures set forth in rule 3745-500-120 of the AdministrativeCode.


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(2) Not later than one hundred twenty days after receiving the request as describedin paragraph (B) of this rule, the licensing authority shall approve or deny thetransfer.


Effective:


Certification

Date



(A) License transfer requests.

(1) A solid waste facility or an infectious waste treatment facility licensee may requesttransfer of the license. Transfer of a license occurs upon written authorizationfrom both the director and the approved board of health, if applicable.

(2) A C&DD facility licensee may request transfer of the license. Transfer of a licenseoccurs upon written authorization from the licensing authority.

(3) Licensee transfer procedures. The current licensee and transferee shall makean application to transfer a license on forms prescribed by the director. Ata minimum, the application shall include the information specified in rule3745-501-10 or 3745-501-12 of the Administrative Code as applicable, and thefollowing:

(a) The transferee's name and contact information.

(b) Specification if the transferee is the owner or operator of the facility.

(c) The property to which the license pertains.

(d) The proposed date for transfer.

(e) Any other information deemed necessary by the director.

[Comment: For a solid waste facility or an infectious waste treatment facility license,the transferee is subject to the applicable requirements of division (E) of section3734.41 of the Revised Code. The transferee for a C&DD facility license is subject tothe requirements specified in division (A) of section 3714.052 of the Revised Codeor division (D) of section 3734.42 of the Revised Code.]

(B) License transfer criteria. A license transfer request shall not be approved unlessapplicable criteria of Chapter 3714. or Chapter 3734. of the Revised Code and thefollowing criteria are met:

(1) The prospective license transferee meets the applicable requirements specified inrule 3745-501-15 of the Administrative Code.

(2) The prospective license transferee has established and submitted documentationof financial assurance in accordance with Chapter 3714. or Chapter 3734. ofthe Revised Code and the rules adopted thereunder.



3745-501-35 2

(C) License transfer procedures. When acting upon a license transfer request, the directoror approved board of health shall follow the appropriate procedures set forth in rule3745-500-120 of the Administrative Code.

3745-501-35 3

Replaces: 3745-501-35

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02, 3734.12Rule Amplifies: 3714.02, 3714.06, 3734.02, 3734.05, 3734.12, 3734.40Prior Effective Dates: 04/02/2012

3745-501-40 Suspension or revocation of a license.

(A) The licensing authority may suspend or revoke a license by order for any cause thatwould be grounds for suspension or revocation pursuant to Chapter 3714. or Chapter3734. of the Revised Code and the rules adopted thereunder. Grounds include but arenot limited to the following:

(1) Entry pursuant to applicable law to inspect or investigate, obtain samples, andexamine or copy records to determine compliance is refused, hindered, orthwarted.

(2) The owner or operator violates Chapter 3714. or Chapter 3734. of the RevisedCode and the rules adopted thereunder.

(3) The facility is not being operated in substantial compliance with applicableenvironmental laws.

(4) A nuisance, fire hazard, or health hazard exists at the facility.

(5) For a solid waste facility, fraudFraud, deceit, or misrepresentation and othergrounds pursuant to section 3714.101 or section 3734.45 of the Revised Code.

(B) Procedures for suspending a facility license. When suspending a facility license, thelicensing authority shall do at least at a minimum the following:

(1) The director shall act in accordance with applicable provisions of Chapters 119.,3714., 3734., and 3745. of the Revised Code. The approved board of health shallact in accordance with section 3709.20 and 3709.21 of the Revised Code andthe applicable provisions of ChapterChapters 3714. and 3734. of the RevisedCode.

(2) Unless an emergency exists requiring immediate action to protect public health orsafety or the environment, make a suspension of a license effective only afterthe licensee has been given notice in writing of the conditions or violations thatneed to be corrected and has been given a reasonable period of time to respondto the notice to make corrections.

(3) Issue a written order to suspend the license that contains at a minimum thefollowing information:

(a) Information identifying the licensee and the facility.

(b) The findings upon which the suspension is based.

(c) The effective date of the order.



3745-501-40 2

(d) A notice of appeal rights.

(4) Retain and distribute copies of the order suspending the facility license pursuantto rule 3745-500-130 of the Administrative Code.

(C) Licensee procedures if a facility license has been suspended.

(1) The acceptance of solid waste, infectious waste, or C&DD at the facility shallcease upon the effective date of the order suspending the facility license, unlessthe order suspending the facility license provides otherwise.

(2) The owner or operator shall comply with the operational requirements specifiedin the applicable rules.

(3) The acceptance of solid waste, infectious waste, or C&DD shall not recommenceunless the licensing authority has by order reinstated the facility license.

(D) Licensing authority procedures for reinstating a suspended facility license.

(1) The licensing authority shall reinstate a suspended facility license throughissuance of a written order. The written order shall at a minimum contain thefollowing information:

(a) Information identifying the licensee and the facility.

(b) The findings upon which the suspended license is reinstated.

(c) The effective date of the order.

(d) A notice of appeal rights.

(2) The licensing authority shall retain and distribute copies of the order reinstatingthe facility license pursuant to rule 3745-500-130 of the Administrative Code.

(E) Procedures for revoking a facility license. When revoking a facility license, the licensingauthority shall comply with the applicable procedures set forth in rule 3745-500-120of the Administrative Code.

3745-501-40 3

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3714.02, 3734.02, 3734.12Rule Amplifies: 3714.02, 3734.02, 3734.07, 3734.09, 3734.12,

3734.44, 3734.45Prior Effective Dates: 04/02/2012

3745-501-75 Authorized maximum daily waste receipt.

(A) The AMDWR for a facility as identified in the license shall be expressed in tons per dayfor facilities utilizing scales or cubic yards per day at the gate for all other facilities.The conversion factor between tons and cubic yards shall be one ton to three cubicyards unless the solid waste is baled, in which case a one-ton to one-cubic-yardconversion factor shall be used.

(B) Temporary increase.

(1) The owner or operator of a licensed solid waste facility may submit a writtenrequest to the director for a temporary increase in the facility's AMDWR. At aminimum, the request shall include the following:

(a) A discussion of the circumstances warranting the request, including anyavailable documentation in support of the temporary increase, and howcontinued compliance with the existing AMDWR will affect publichealth and safety.

(b) The anticipated length of time the increase will be necessary.

[Comment: A temporary increase that is anticipated to exceed ninety daysconstitutes a modification and requires a permit to install application tobe submitted to the director.]

(c) A discussion of how the operation of the facility will accommodate thetemporary increase and ensure compliance with Chapter 3734. of theRevised Code and the rules adopted thereunder.

(d) Copies of the information sent in accordance with paragraph (B) of this rule.

(2) The owner or operator shall send via certified mail or any other form of mailaccompanied by a receipt letters of intent to request a temporary increase in thefacility's AMDWR to the following:

(a) The board of directors of each solid waste management district where thefacility is located.

(b) In the case where the increased amount of solid waste is generated in Ohiobut out of the district where the facility is located, the board of directorsof each solid waste management district where the increased amount ofsolid waste is generated.

(c) The approved board of health, if applicable.

ACTION: Revised DATE: 11/27/2019 12:07 PM

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3745-501-75 2

(3) The director may authorize a temporary increase in the AMDWR at a facility ifthe director determines that an emergency exists that has the potential to impactpublic health, safety, or the environment.

(4) If the increased waste receipt results in operational violations at the facility, theauthorization shall automatically terminate upon written notification from thedirector.

(5) A request for a temporary increase that exceeds ninety days shall be authorizedas follows:

(a) Conditionally upon the submittal of a permit to install application for apermanent increase in the AMDWR. A permit to install application shallbe submitted not later than thirty days after the date of the director'sauthorization of the temporary increase. Failure to submit a permitto install application in accordance with this paragraph shall resultin termination of the authorization upon written notification from thedirector.

(b) Such that the temporary increase be utilized in establishing the facility'sannual license fee.

(6) A temporary increase for a facility shall not exceed one hundred eightyconsecutive days.

(7) An authorization for a temporary increase is not renewable.

(8) A temporary increase cannot be issued where the director exercises authorityunder division (C)(1) of section 3734.53 of the Revised Code.

3745-501-75 3

Effective:


Certification

Date

Promulgated Under: 119.03Statutory Authority: 3734.02Rule Amplifies: 3734.05, 3734.06

ACTION: Original DATE: 11/27/2019 10:03 AM · (H) Any reference to this chapter in rule 3745-400-12...

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Transcript of ACTION: Original DATE: 11/27/2019 10:03 AM · (H) Any reference to this chapter in rule 3745-400-12...