Ohio Admin. Code 3745-27-01 - Definitions
(A)
(4)
(3) "Applicant" means any person who has applied for a
registration certificate, permit to install, an alternative infectious waste
treatment technology approval, or an operating license in accordance with
Chapter 3745-27, 3745-29, 3745-30, or 3745-37 of the Administrative
Code.
(5)
(4) "Aquifer" means a consolidated or unconsolidated
geologic formation
geological units, formations, or series of
units or formations that are hydraulically
interconnected and that have the ability to receive, store,
or transmit, and
yield water to wells or springs.
(6)
(5) "Aquifer system"
means one or more geological units or formations that are wholly or partially
saturated with water and are able to receive,
store, transmit, and yield significant amounts of water to wells or
springs.
(7)
(6) "Assets" means all existing and all probable
future economic benefits obtained or controlled by a particular
entity.
(8)
(7) "Authorized maximum daily waste receipt" means the
maximum amount of solid waste a solid waste disposal facility may receive at
the gate in any calendar day. The waste receipt limit shall be expressed in
tons per day for 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 cubic
yards unless the solid waste is baled, in which case a one-ton to
one-cubic-yard conversion factor shall be used.
(1)
"Airport" means any airport certified by the federal aviation administration
and open to the public without prior permission and without restrictions within
the physical capabilities of the available facilities.
(2) "Alteration" means a change
to a facility from the requirements
specified in the facility's authorizing document which
that is at least
equivalent to rule requirements, other than
and requires written concurrence by Ohio EPA. An
alteration is not a "modification. "
as that term is defined in rule
3745-27-02 of
the Administrative Code, which requires written concurrence by Ohio
EPA.
[Comment: If the change is not equivalent to rule requirements,
approval through a permit, variance, or exemption would be necessary.]
(3) "Animal waste" means animal
excreta, bedding, wash waters, waste feed, and silage drainage.
(B)
(1)
"Beneficial use" for the purposes of scrap tires
means to use a scrap tire in a manner that results in a commodity for sale or
exchange or in any other manner authorized as a beneficial use in accordance
with rule
3745-27-78
of the Administrative Code. The use of a scrap tire at a scrap tire recovery
facility is not a "beneficial use" of scrap tires, for
the purposes of Chapter 3745-27 of the Administrative Code.
"Beneficial use" does not apply to products manufactured from
scrap tires and sold to a customer, including tire derived fuel
as defined in this rule.
(2) "Biomass fuels"
are defined in rule
3745-27-03
of the Administrative Code.
means fuels from
any plant derived organic matter available on a renewable basis including the
following:
(a)
Agricultural crop wastes and residues.
(b)
Agricultural food
and feed crops.
(c)
Aquatic plants.
(d)
Dedicated energy
crops and trees.
(e)
Forestry residues and sawdust.
(f)
Refuse derived
fuel consisting of waste paper, cardboard, wood waste, yard waste, or animal
waste.
(3) "Bird
hazard" means an increase in the likelihood of bird/aircraft
bird and
aircraft collisions that may cause damage to the aircraft or injury to
the occupants of the aircraft.
(4)
"Board of directors of a joint district" means a collective body of the boards
of county commissioners of the counties establishing a joint solid waste
management district as specified in section
343.01 of the Revised
Code.
(5) "Board of health" means
the board of health of a city or general health district, or the authority
having the duties of a board of health in any city as authorized by section
3709.05 of the Revised
Code.
(C)
(2)
(1) "Commingled yard
waste" means yard waste that has been commingled with other solid wastes.
Commingled yard waste does include containerized source-separated yard waste
including, but not limited to, yard waste in paper or plastic bags where such
bags are commingled with other solid wastes.
(3)
(2) "Composting" means
the process of biological decomposition of solid wastes under controlled
conditions resulting in compost. Controlled conditions include but are not
limited to grinding, shredding, piling, physical
turning, aerating, adding moisture, or other processing of solid
wastes.
the following:
(4)
(3) "Composting
facility" means a site, location, tract of land, installation, or building used
for composting of solid waste in accordance with Chapter 3734. of the Revised
Code and rules adopted thereunder. The composting
facility includes the area of materials placement and any leachate management
system structures.
(5)
(4) "Current assets"
means cash or other assets or resources commonly identified as those
which
that are
reasonably expected to be realized in cash or sold or consumed during the
normal operating cycle of the business.
(6)
(5) "Current
corrective measures cost estimate" means the most recent of the estimates
prepared in accordance with rule
3745-27-18
of the Administrative Code.
(7)
(6) "Current
final closure cost estimate" or "current
closure cost estimate" means the most recent of the estimates prepared in
accordance with rule
3745-27-15,
3745-27-24, 3745-27-53, 3745-27-61,
3745-27-63, 3745-27-66, or 3745-27-73 of the Administrative Code.
(9)
(7) "Current
liabilities" means obligations whose liquidation is reasonably expected to
require either the use of existing resources properly classifiable as current
assets or the creation of other current liabilities.
(10)
(8) "Current
post-closure care cost estimate" means the most recent of the estimates
prepared in accordance with rule
3745-27-16
or
3745-27-73
of the Administrative Code.
(1) "Closed unit" means any unit of
a sanitary landfill facility for which the owner or operator is required to
complete, or has completed, all closure activities in accordance with rule
3745-27-11
of the Administrative Code.
(a)
Adding
moisture.
(b)
Aerating.
(c)
Chipping.
(d)
Grinding.
(e)
Mixing
feedstocks, bulking agents, and additives.
(f)
Performing
procedures to achieve human pathogen reduction.
(g)
Physical
turning.
(h)
Piling.
(i)
Shredding.
(j)
Other processing
of solid wastes.
(8) "Current transporter cost
estimate" means the most recent of the estimates prepared in accordance with
rule
3745-27-15,
3745-27-54,
or
3745-27-56
of the Administrative Code.
(D)
(1)
"Daily design input capacity" or "DDIC" means the weight of scrap tires that
can be processed at a scrap tire recovery facility per day. The DDIC is
expressed in tons and shall be calculated as an averaged daily processing
amount for all operating days in a calendar month.
(2) "Developed spring" means any spring
which
that has
been permanently modified by the addition of pipes or a collection basin to
facilitate the collection and use of the spring water.
(3) "Director" means the director of
environmental protection or the director's authorized
representative.
(E)
(1)
(2)
"Execute" means to complete and sign a document acceptable to the director for
the purpose of establishing a financial assurance instrument.
(2)
(4) "Existing unit" means any unit of a sanitary
landfill facility that is receiving solid waste on or before June 1, 1994, and
is a geographically contiguous area within the limits of waste placement of the
sanitary landfill facility, as the limits of waste placement existed on June 1,
1994.
(1)
"Establish" or
"establishment" of a sanitary landfill facility, infectious waste treatment
facility, or scrap tire facility means to construct or install any of the
proposed facility components, including the excavation that is related to the
construction of a facility or any components thereof. "Establish" or
"establishment" does not include clearing and grubbing.
(3)
"Exemption" means
a discretionary action of the director that relieves an applicant from a
requirement of Chapter 3734. of the Revised Code or any rule adopted
thereunder.
(5)
"Explosive gas monitoring probe," "monitoring probe," or
"probe" means a permanent device where the presence of landfill gas can be
repeatedly measured with a direct reading instrument.
(F)
(1)
(3) "Final slope" means the slope of a landfill when
it has reached final grade and includes but is not limited to the composite cap
system, the waste, the composite liner system,
and the subsurface.
(2)
(4) "Fire break" means the area around individual
scrap tire storage piles that is maintained free of combustible and vegetative
material. The width of the fire break shall be as specified in the applicable
rule of Chapter 3745-27 of the Administrative Code. The fire break may include
well mowed
well-mowed grass if the fire break also includes a
gravel or paved fire lane not less than twenty
feet wide.
(3)
(5) "Foundry sand" is
defined
has the same meaning as in rule
3745-30-01 of the
Administrative Code.
(1)
"Face amount"
means the total amount the insurer is obligated to pay under the
policy.
(2)
"Fault" means a fracture along which strata on one side
of the fracture have been displaced with respect to strata on the other side of
the fracture.
(G)
(H)
(4)
(5) "Household
hazardous waste" means solid waste originally generated by individual
households that is listed specifically as hazardous waste or exhibits one or
more characteristics of hazardous waste as defined in rule
3745-51-03
of the Administrative Code. Household hazardous waste is excluded from
regulation as a hazardous waste pursuant to paragraph (B)(1) of rule
3745-51-04 of the
Administrative Code.
(1)
"Hazardous waste" means hazardous waste as defined in
Chapter 3734. of the Revised Code and includes waste that is listed
specifically as hazardous waste or exhibits one or more characteristics of
hazardous waste as defined in Chapter 3745-51 of the Administrative
Code.
(2) "Health commissioner"
means the individual occupying the office created by sections
3709.11 and
3709.14 of the Revised Code, or
the health commissioner's authorized representative.
(3) "Health district" means a city or general
health district as created by or under the
authority of Chapter 3709. of the Revised Code.
(4)
"Holocene" means
the most recent epoch of the Quaternary period extending from the end of the
Pleistocene to the present.
(I)
(1) "Incinerator" means any equipment,
machine, device, article, contrivance, structure, or part of a structure used
to burn solid or infectious wastes to ash.
(2) "Independently audited" refers to an
audit performed by an independent certified public accountant in accordance
with generally accepted accounting standards, or for a publicly-owned facility,
an equivalent comprehensive audit performed by the auditor of the state of Ohio
pursuant to Chapter 117. of the Revised Code.
(3) "Industrial solid waste"
is defined
has the
same meaning as in rule
3745-29-01 of the
Administrative Code.
(4)
"Industrial solid waste landfill facility" is
defined
has the same meaning as in rule
3745-29-01 of the
Administrative Code.
(5)
"Infectious agent" means a type of microorganism, pathogen, virus, or
proteinaceous infectious particle that can cause or significantly contribute to
disease in or death of human beings.
(6) "Infectious wastes" means any wastes or
combination of wastes that include the following:
cultures
(h)
(d) Any other waste
materials the generator designates as infectious waste.
(a)
Cultures
and stocks of infectious agents and associated biologicals, human blood and blood products, and substances that were
or are likely to have been exposed to or contaminated with or are likely to
transmit an infectious agent or zoonotic agent, including the
following:
.
(b)
Human blood and
blood products.
(c)
Substances that were or are likely to have been exposed
to or contaminated with or are likely to transmit an infectious agent or
zoonotic agent, including the following:
(a)
(i) Laboratory
wastes;
.
(b)
(ii) Pathological
wastes, including human and animal tissues, organs,
body parts, and body fluids and excreta that are contaminated with or are
likely to be contaminated with infectious agents or zoonotic
agents;
.
(c)
(iii) Animal blood and
blood products;
.
(d)
(iv) Animal carcasses
and parts;
.
(e)
(v) Waste materials from the rooms of humans, or the enclosures of animals, that have been isolated because of
a diagnosed communicable disease that are likely
to transmit infectious or zoonotic agents.
Also included are waste
Waste materials from the rooms of
humans do not include any wastes of patients who
have been placed on blood and body fluid precautions under the
universal precaution system
"Universal Precaution System" established by the
"Centers
centers for Disease
Control"
disease control in the public
health service of the United States department of health and human services,
if
unless
specific wastes generated under the universal precautions system have been
identified as infectious wastes by rules referred to
in
under paragraph
(I)(6)(g)
(I)(6)(c)(vii) of this rule;
.
(f)
(vi)
Sharp wastes used in the treatment, diagnosis, or inoculation of human beings
or animals.;
(g)
(vii) Any other waste
materials generated in the diagnosis, treatment, or immunization of human
beings or animals, in research pertaining thereto, or in the production
of
or testing
of biologicals, that the public
director of health council
created in section 3701.33 of the Revised Code, by rules adopted in
accordance with Chapter 119. of the Revised Code, identifies as infectious
wastes after determining that the wastes present a substantial threat to human
health when improperly managed because they are contaminated with, or are
likely to be contaminated with, infectious agents. As used in this rule, "blood products" does not include
patient care waste such as bandages or disposable gowns that are lightly soiled
with blood or other body fluids unless those wastes are soiled to the extent
that the generator of the wastes determines that they should be managed as
infectious wastes.
(7) "Infectious waste handling
area" means any area where infectious wastes are stored, loaded, unloaded,
prepared for treatment, or treated. Infectious waste handling areas also
include areas where vehicles or containers are decontaminated, areas where
transportation of infectious wastes within the facility premises occurs, and
areas where treated infectious wastes are unloaded, stored, and
loaded.
(8) "Infectious waste
treatment unit" or "treatment unit" means the apparatus responsible for the
attainment of the performance standard for treatment and for the reduction in
microorganisms that is part of the treatment process. A free standing shredder
or grinder is not considered a treatment unit.
[Comment: If the treatment process is contained within a
single, enclosed piece of equipment, then
the treatment unit and treatment process are considered one and the
same.]
(9) "Interim slope"
means the slope of a landfill as a result of daily filling or when a phase,
cell, or unit has reached its limits and includes
but is not limited to daily cover, intermediate cover, transitional cover,
waste, the composite liner system, and the
subsurface.
(10) "Internal slope"
means the slope as excavated or constructed and includes but is not limited to
the leachate collection layer, protective material, select waste, composite
liner system, and the subsurface.
(J) [Reserved.]
(K) [Reserved.]
(L)
(5)
(4) "Limestone quarry"
means an excavation resulting from a mining operation where limestone is the
principal material excavated for commercial sale or use in another location.
This term does not include excavations of limestone resulting from the
construction of the sanitary landfill facility.
(6)
(5) "Limits of waste
placement" means the horizontal and vertical boundaries of a sanitary landfill
facility within which the owner or operator has been authorized to dispose of
solid waste.
(7)
(6) "Lower explosive limit" means the lowest per cent
by volume of a mixture of explosive gases in air that will propagate a flame at
twenty-five degrees Celsius and atmospheric pressure.
(1)
"Leachate" means liquid that has come in contact with or been released from
solid waste.
(2) "Legitimate
recycling facility" means an engineered facility or site where recycling of
material other than scrap tires is the primary objective of the facility.
For the purposes of Chapters 3745-27 and 3745-37 of the Administrative Code, legitimate recycling facilities are either of the following:
(a) Facilities that accept
only source separated recyclables, except scrap tires, or commingled
recyclables which
that are currently recoverable utilizing existing
technology.
(b) Facilities that
meet all of the following:
(i) Accept mixed or
source separated solid waste streams.
(ii)
Recover
Recovers for
recycling or beneficial use not less than sixty
per cent of the weight of solid wastes brought to the facility each month (as
averaged monthly) for not less
fewer than eight months in each calendar
year.
(iii) Dispose of not more
than forty per cent of the total weight of solid wastes brought to the facility
each month (as averaged monthly) for not less
fewer than eight
months in each calendar year.
For purposes of Chapters 3745-27 and 3745-37 of the Administrative Code, legitimate recycling facility does not include any facility identified as a solid waste disposal facility as "solid waste" is defined in this rule, nor does it include any facility identified as a scrap tire collection, storage, monofill, monocell, or recovery facility or any premises at which the beneficial use of scrap tires occurs.
(3) "Liabilities" means
probable future sacrifices of economic benefits arising from present
obligations to transfer assets or provide services to other entities in the
future as a result of past transactions or events.
(4) "Lime sludge" is defined in rule
3745-27-03
of the Administrative Code.
(M)
(1)
"Maximum horizontal acceleration in lithified earth material" means the maximum
expected horizontal acceleration depicted on a seismic hazard map, with a
ninety per cent or greater probability that the acceleration will not be
exceeded in two hundred fifty years, or the maximum expected horizontal
acceleration based on a site-specific seismic risk assessment.
(2) "Modification" is defined
has the same
meaning as in rule
3745-27-02 of
the Administrative Code.
(3)
"Monocell" means a discrete volume for
of solid waste, which is provided isolation from other
solid wastes, where a segregated waste stream is exclusively disposed within
the limits of waste placement of a sanitary landfill facility.
(4) "Monofill" means a specialized sanitary
landfill facility where a single segregated waste stream is exclusively
disposed.
(5) "Municipal solid
waste" is
means a type of solid waste generated from community,
commercial, and agricultural operations, including, but not limited to, the following:
(a) Solid waste generated by community
operations, i.e.
including wastes derived from
households (including single and multiple
household residences, hotels, motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day-use recreation areas).
(b)
Solid waste generated by commercial operations (including stores, offices, restaurants,
warehouses, and other non-manufacturing activities).
(c)
Solid waste generated from agricultural operations (including single-family and commercial farms,
greenhouses, and nurseries).
(d) Sludge from municipal, commercial, or industrial waste water treatment plants, water
treatment plants, and air pollution control facilities that is co-disposed with
wastes specified in paragraph (M)(6
5 )(a), (M)(6
5 )(b), (M)(6
5 )(c), or (M)(6
5 )(e) of this rule
in a sanitary landfill facility.
(e) Fly ash and bottom ash generated from the
incineration of municipal solid waste, provided
the fly ash and bottom ash are not regulated as hazardous wastes.
(N)
(4)
(3) "New unit" means
any unit of a sanitary landfill facility that did not receive solid waste prior
to June 1, 1994, and that has not been designated an existing unit by the owner
or operator. A new unit may be contiguous or noncontiguous.
(5)
(4)
"Nonputrescible solid wastes" is defined in rule
3745-27-12
of the Administrative Code
means solid wastes
that do not generate explosive gases during decomposition, do not readily
biodegrade, and do not cause odors .
(6)
(5) "Nuisance" means
anything which
that is injurious to human health or offensive to the
senses; interferes with the comfortable enjoyment of life or property; and
affects a community, neighborhood, or any considerable number of persons,
(although the
extent of annoyance or damage inflicted upon individual persons may be
unequal).
(1) "Net working capital" means current
assets minus current liabilities.
(2) "Net worth" means total assets minus
total liabilities and is equivalent to owner's equity.
(3) "New tire" means a tire that has
never been installed on a vehicle or trailer, or any tire that is part of a new
vehicle or trailer when the motor vehicle or trailer is manufactured or
initially received in this state. New tire does not include any used or
retreaded tire.
(O)
(1)
"Occupied structure" is defined in rule
3745-27-12
of the Administrative Code.
means an enclosed
structure where one or more human beings may be present, except those
structures that are open to natural free air circulation such that an explosive
gas hazard is minimized.
(2)
"Open burning" means the burning of solid wastes in an open area or burning of
solid wastes in a type of chamber or vessel that is not approved or authorized
in rules adopted by the director under section
3734.02 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 Revised Code, or
the burning of treated or untreated infectious wastes in an open area or vessel
that is not approved in rules adopted by the director under section
3734.021 of the Revised
Code.
(3) "Open dump" means a site
where solid wastes or untreated infectious wastes have been disposed without a
license.
(4) "Open dumping" means
the following:
(d)
(c) The deposition of
untreated or treated infectious wastes into waters of the state,
and also means
or the final deposition of untreated infectious wastes
on or into the ground at any place other than a licensed solid waste facility
operated in accordance with Chapter 3734. of the Revised Code, and Chapters
3745-27 and 3745-37 of the Administrative Code.
(a) The deposition of solid
wastes, other than scrap tires, into waters of the state,
and also means
or the final deposition of solid wastes on or into the
ground at any place other than a solid waste facility operated in accordance
with Chapter 3734. of the Revised Code, and Chapters 3745-27, 3745-29, 3745-30,
and 3745-37 of the Administrative Code.
(b) The deposition of solid wastes that
consist of scrap tires on or into
the following:
waters
of the state, and also means the final deposition of scrap tires on or into
the
(c)
(iv)
The deposition of solid wastes that consist of scrap
tires in buildings
Buildings , trailers,
or other vehicles at locations other than a scrap tire transporter's registered
business location, a licensed scrap tire facility, or an unregistered scrap
tire facility operating in accordance with rule
rules
3745-27-60
and 3745-27-61 of the Administrative Code (such as pre-positioned trailers in accordance with
paragraph (C)(8) of rule
3745-27-56
of the Administrative Code) for longer than fourteen days.
The scrap
Scrap tires in trailers or vehicles shall be
considered open dumped unless written prior notification is given to the local health department and
authorization is granted by Ohio EPA
that allows the vehicle or trailer
requires
to
have mechanical repairs which
that will take longer than fourteen days to complete
and that the repairs are being completed in a timely
manner.
(i)
Waters of the state.
(ii)
The ground
at any place other than a scrap tire collection, storage, monofill, monocell,
or recovery facility licensed under section
3734.81 of the Revised Code,
or at a site or in a manner not
specifically identified
specified in division (C)(2), (C)(3), (C)(4), (C)(5),
(C)(7), (C)(9), or (C)(10) of section
3734.85 of the Revised Code,
or at any licensed solid waste facility if
the deposition is not in accordance with
Chapters 3745-27 and 3745-37 of the Administrative Code, or at a site or in a manner not in compliance with rule
3745-27-60
of the Administrative Code .
(iii)
At any licensed
solid waste facility if the deposition is not in accordance with Chapters
3745-27 and 3745-37 of the Administrative Code.
(5) "Operator" or "facility operator" means
the person responsible for the on-site supervision of technical operations and
maintenance of a solid or infectious waste facility, or any parts thereof,
which may affect the performance of the facility and its potential
environmental impact, or any person who has
authority to make discretionary decisions concerning the daily operations of
the solid or infectious waste facility. "Operator" also means the person
responsible for the supervision of technical operations of a scrap tire
transportation business.
(6)
"Original scrap tire generator" or
"original owner" means the person or business who purchased a new,
retread, or used tire for use on a wheel or rim. Original
scrap tire generator or original owner does
not include anyone who has accepted a tire other than a new or retreaded tire,
for the purposes of transportation, collection, storage, processing, or
disposal.
(7) "Owner" or "property
owner" means the person who holds title to the property on which the solid
waste facility, infectious waste treatment facility, or scrap tire
transportation business is located.
(P)
(6)
(5) "Premises" means
one of the following:
(7)
(6) "Processed tire"
or "processed scrap tire" means a scrap tire that has been altered through a
mechanical, chemical, thermal, or controlled combustion process so that the
resulting material is a marketable product or is suitable for storage or
disposal in a scrap tire monocell or monofill facility. Processed tire includes but is not limited to cut, split,
and shredded tires. Baled tires are only considered processed tires for the
purpose of disposal at a scrap tire monocell or monofill facility. For
the purpose
purposes of disposal, processed tires
shall be
are
defined as a solid waste or a scrap tire based
on
classified in accordance with the
following:
(8)
(7) "Public water
supply well" means any well connected to a public water system as defined by
division (A) of section
6109.01 of the Revised Code.
(1)
"Parent corporation" means a corporation, or the ultimate corporation,
which
that
directly owns at least fifty per cent of the voting stock of the corporation
which holds a permit or license issued in accordance with section
3734.05 of the Revised Code and
Chapter 3745-27, 3745-29, or 3745-30 of the Administrative Code; the latter
corporation is deemed a "subsidiary" of the parent corporation.
(2) "Permittee" means a person to whom a
permit to install has been issued.
(3) "Person" means
includes the
state, any political subdivision of the state or other
state or local body , public or private
corporation, individual, partnership
the United
States and any agency or instrumentality thereof, and any legal entity or
organization defined as a person under section
1.59 of the Revised Code ,
or other entity.
(4) "Phase" means
a discrete area of a sanitary landfill facility, which
that has been
designated to facilitate the systematic construction, operation, and closure of
the sanitary landfill facility. For a sanitary landfill facility, other than an
industrial solid waste landfill facility or residual solid waste landfill
facility, a phase is a discrete area that is part of a unit.
(5) "Portable solid waste container"
or "portable container" is a container used for solid waste transfer that is
not part of the permanent structure of a transport vehicle, can be removed from
the transporting vehicle without compromising the container's or the
transporting vehicle's structural integrity, and can be removed from the
transporting vehicle without utilizing destructive measures. Portable
containers include trailers used to store and transport solid
wastes.
(a) Geographically
contiguous property owned by an entity
the same person .
(b) Noncontiguous property that is owned by
an entity
the same
person and connected by a right-of-way that the
entity
person
controls and to which the public does not have access. Two or more pieces of
property that are geographically contiguous and divided by
one or more public or private right-of-way or
rights-of-way are a single premises.
(a) Processed tires that are
readily identifiable as scrap tires or pieces of scrap tires by visual
inspection shall be disposed of as
are considered scrap tires.
(b) Processed tires that are not readily
identifiable as scrap tires or pieces of scrap tires by visual inspection when
disposed may be disposed of as
are considered solid waste rather than scrap
tires.
(c) Items manufactured from
processed tires and scrap tire material which
that is a
by-product of a manufacturing process when disposed may be disposed of as
are
considered solid waste.
(d) "Processed tire" includes, but
is not limited to, cut, split, and shredded tires. Baled tires are only
considered "processed tires" for the purpose of disposal at a scrap tire
monocell or monofill.
(9) "Public well field" means any
system of wells which is connected to a public water system as defined by
division (A) of section 6109.01 of the Revised Code.
(Q)
(1) "Qualified ground water scientist" means
a scientist or engineer who has received a baccalaureate or post-graduate
degree in the natural sciences or engineering and has at least five years
relevant experience in ground water hydrology or
hydrogeology and related fields to enable that individual to make sound
professional judgments regarding ground water monitoring, contaminant fate and
transport, and corrective measures.
(R)
(1)
"Recycling" means the process of collecting,
sorting, cleansing, treating, and reconstituting
converting solid waste that would otherwise be
disposed in a solid waste disposal facility
and returning reconstituted materials
the converted material to commerce as
commodities
a
commodity for use or exchange in an established
and legitimate market. Recycling is not reuse, storage, disposal, or
transfer .
(2) "Regional
aquifer" means the aquifer used as a primary source of water to wells within
one mile of the solid waste disposal facility.
(3) "Registrant" means any person to whom a
registration certificate has been
issued.
(4) "Regulatory floodplain"
means an area covered by a one hundred year flood as depicted on a flood
insurance rate map published by the federal emergency management
agency.
(5) "Residual solid waste"
or "residual waste" is defined
has the same meaning as in rule
3745-30-01 of the
Administrative Code.
(6) "Residual
waste landfill facility" or "residual waste landfill"
is defined
has the
same meaning as in rule
3745-30-01 of the
Administrative Code.
(7)
"Responsible party" has the same meaning as in section
3734.041 of the Revised
Code.
(7) "Retention time" means the
average time for gases to pass through a chamber.
The residence time is equivalent to
retention time.
(8)
"Rough tire shreds" or "rough shredded scrap tires" means tire shreds or cut
tire pieces that have any dimension greater than four
inches.
(S)
(22)
(21) "Significant zone of saturation" means a zone of
saturation that may act as a preferential pathway of migration away from the
limits of solid waste placement.
(23)
(22) "Solid waste"
means such unwanted residual solid or semisolid
material, including but not limited to garbage, scrap tires, combustible and
noncombustible material, street dirt and debris, as results from industrial,
commercial, agricultural, and community operations, excluding earth or material
from construction, mining, or demolition operations, or other waste materials
of the type that normally would be included in demolition debris, nontoxic fly
ash and bottom ash, including at least ash that results from combustion of
coal, biomass fuels, and ash that results from the combustion of coal in
combination with scrap tires where scrap tires comprise not more than fifty per
cent of heat input in any month, spent nontoxic foundry sand, and slag and
other substances that are not harmful or inimical to public health, and
includes but is not limited to garbage, scrap tires, combustible and
noncombustible material, street dirt, and debris. Solid waste does not include
any material that is an infectious waste or a hazardous waste
has the same meaning as in section
3734.01 of the Revised
Code .
(24)
(23) "Solid waste disposal facility" means any site,
location, tract of land, installation, or building used for incineration,
composting, sanitary landfilling, or other approved methods of disposal of
solid wastes.
(25)
(24) "Solid waste energy recovery facility" means any
site, location, tract of land, installation, or
building where mixed solid waste or select solid waste streams, including scrap tires,
is
are used as or
intends
intended to be used as fuel to produce energy, heat,
or steam.
(26)
(25) "Solid waste management district" means a county
which
that has
established a resolution, or joint counties which have entered into an
agreement, for the purposes of preparing, adopting, submitting, and
implementing a solid waste management plan for the county or joint counties and
for the purposes of providing for, or causing to be provided for, the safe and
sanitary management of solid wastes within all of the incorporated and
unincorporated territory of the county or joint counties and in compliance with
Chapters 343. and 3734. of the Revised Code.
(27)
(26) "Solid waste
management policy committee" means a committee established and convened by the
board of county commissioners of a county solid waste management district or
the board of directors of a joint solid waste management district to prepare
the solid waste management plan of the solid waste management district and in
compliance with division (B) of section
3734.54 of the Revised
Code.
(28)
(27) "Solid waste transfer facility" or "transfer
facility" means any site, location, tract of land, installation, or building
that is used or intended to be used primarily for the purpose of transferring
solid wastes that are generated off the premises of the facility from vehicles
or containers into other vehicles or containers for transportation to a solid
waste disposal facility. The term does not include any facility that consists
solely of portable containers that have an aggregate volume of fifty cubic
yards or less nor any facility where legitimate recycling activities are
conducted. The term does not include any facility that accepts scrap tires
other than scrap tires which
that are accepted incidental to a mixed solid waste
shipment.
(29)
(28) "Source-separated yard waste" means yard waste
that has been separated at the point of generation or at the point of
collection from other solid wastes. Source separation includes, but is not limited to, such measures as placing yard waste in portable
containers and compartments of portable containers dedicated to yard waste
collection, and in vehicles dedicated to yard waste collection.
(30)
(29)
"Surface water" means any water on the surface of the
earth.
(1) "Salvaging" means the extracting or
removing of materials from the solid waste stream at the working face of a
solid waste disposal facility for the intended purpose of recycling or for
removal to a salvage facility regulated by Chapter 4737. of the Revised Code
and rules promulgated thereunder.
(2) "Sand or gravel pit" means an excavation
resulting from a mining operation where the removal of sand or gravel is
undertaken for commercial sale or use in another location. This term does not
include excavations of sand or gravel resulting from the construction of the
sanitary landfill facility.
(3)
"Sandstone quarry" means an excavation resulting from a mining operation where
sandstone is the principal material excavated for commercial sale or use in
another location. This term does not include excavations of sandstone resulting
from the construction of a sanitary landfill facility.
(4) "Sanitary landfill facility"
or "solid waste landfill" means an engineered
facility where the final deposition of solid waste on or into the ground is
practiced in accordance with Chapter 3745-27, 3745-29 or 3745-30, as appropriate, and 3745-37 of the Administrative Code, and includes the units within the limits of waste
placement, all ground water monitoring and control system structures,
buildings, explosive gas monitoring, control, and extraction system structures,
surface water run-on and runoff control structures, sedimentation ponds, liner
systems, and leachate management system structures. The sanitary landfill
facility includes all portions of the facility described above and those areas
within three hundred feet of the limits of waste placement unless an alternate
setback is deemed acceptable by the director. If the owner or operator has not
obtained approval of a permit to install, which delineates the setback from the
limits of waste placement, submitted in accordance with section
3734.05 of the Revised Code, the
sanitary landfill facility includes all portions of the facility described
above and those areas within three hundred feet of the limits of waste
placement unless the property line of the facility is less than three hundred
feet from the limits of waste placement, in which case the sanitary landfill
facility includes those areas within the property line.
(5) "Scavenging" means the removal by
unauthorized personnel of materials from the solid waste stream at waste
handling areas of a solid waste disposal facility or solid waste transfer
facility.
(6) "Scrap tire" is a
type of solid waste and means any unwanted or discarded tire, regardless of
size, that has been removed from its original use. "Scrap tire" includes all
whole scrap tires and pieces of scrap tires which
that are readily
identifiable as parts of scrap tires by visual inspection.
For purposes of this definition, "unwanted" means the original
scrap tire generator, original owner"discarded"
"Scrap tire" does not include the following:
(a) A tire after it has been retreaded or
regrooved for resale or reuse, unless it has been declared defective or has
been returned to the seller or manufacturer for warranty adjustment.
(b) A tire that is mounted and installed on a
vehicle or trailer, or carried on the vehicle or trailer as the spare tire.
Trucks with more than four wheels or with different size wheels or tires may
carry more than one spare tire.
For purposes of this definition
For purposes of this definition
(c) Tires from non-motorized
vehicles such as bicycles, or tires from small equipment such as lawn mowers,
wheelbarrows, etc.
[Comment: Tires from non-motorized vehicles may be recycled, disposed of as scrap tires, or may be disposed of as solid waste.]
(d)
Only at
At a
retreading business, a retreadable casing stored in
an enclosed building or stored in a manner otherwise authorized or exempted by
the director that the retreading
business has been inspected and
individually labeled or marked the casing
as suitable for retreading.
and is stored in an enclosed building or in a manner
otherwise authorized by the director.
(e) Tire derived fuel (TDF) or tire derived
chips (TDC) as defined in this rule after the TDF or TDC has been transported
from the scrap tire recovery facility for use as a fuel or for
an authorized beneficial use.
(f) Non-pneumatic, hard, pressed tires, such
as forklift tires.
(7)
"Scrap tire collection facility" means a type of facility for scrap tire
storage that meets the following:
(a)
The facility is
Is used for the receipt and storage of whole scrap
tires from the public prior to the transportation of the scrap tires to one of
the destinations listed in rule
3745-27-65
of the Administrative Code.
(b)
The facility exclusively
Exclusively stores scrap tires in portable
containers.
(c)
The
Consists
aggregate storage of
the portable containers
in which
where
the scrap tires are stored and the aggregate volume of
the portable containers does not exceed five thousand cubic feet.
[Comment: If the facility does not meet the above definition for a scrap tire collection facility, then the facility may be a scrap tire storage facility. If the facility includes any equipment for processing (e.g. cutting or shredding equipment) the scrap tires to produce a usable product, then the facility is a scrap tire recovery facility.]
(8) "Scrap tire facility"
is a generic term that includes but is not
limited to the following: scrap
(a)
A scrap
tire collection facility, scrap tire storage
facility, scrap tire recovery facility, scrap tire monofill facility, scrap
tire monocell facility, and scrap tire submergence facility as those terms are
defined in this rule.
(b)
A scrap tire storage facility.
(c)
A scrap tire
recovery facility.
(d)
A scrap tire monofill facility.
(e)
A scrap tire
monocell facility.
(9) "Scrap tire generator" means any person
or business that generates scrap tires.
Scrap tire generator includes the original scrap tire
generator, as defined in this rule, and any
business which
such as
[Comment: A scrap tire generator or original scrap tire generator who stores more than one hundred scrap tires and who does not qualify for one of the exclusions from registration in rule 3745-27-61 or permitting in rule 3745-27-63 of the Administrative Code may also be a scrap tire collection, storage, or recovery facility.]
(10)
"Scrap tire handling area" means any area of a scrap tire collection, storage,
monocell, monofill, or recovery facility where scrap tires are stored, loaded,
unloaded, sorted, baled, shredded, prepared for processing, or otherwise
processed. A scrap tire handling area includes the scrap tire storage area but
does not include vehicle staging areas, vehicle storage areas, or buildings not
used for the processing or storage of scrap tires. Scrap tire handling area
also includes that portion of a scrap tire transporter's business location
where scrap tires are unloaded, sorted, and loaded.
(11) "Scrap tire monocell facility" means a
type of "monocell," as that term is defined in this rule, that is
used or intended to be used exclusively for the environmentally sound storage
or disposal of scrap tires that have been shredded, chipped,
of
or
otherwise mechanically processed.
(12) "Scrap tire monofill facility" means a
type of "monofill," as that term is defined in this rule, that is
used or intended to be used exclusively for the environmentally sound storage
or disposal of scrap tires that have been shredded, chipped, or otherwise
mechanically processed.
(13) "Scrap
tire recovery facility" means any site, location, tract of land, installation,
or building that is used or intended to be used for the processing of scrap
tires for the purpose of extracting or producing usable products, materials, or
energy from the scrap tires. Processing includes but is not limited to: a controlled combustion process, mechanical
process, thermal process, or chemical process that uses whole, split, or
shredded scrap tires as a raw material. Scrap tire recovery facility includes
any facility that uses the controlled combustion of scrap tires in a
manufacturing process to produce process heat or steam or any facility that
produces usable heat or electric power through the controlled combustion of
scrap tires in combination with another fuel.
(a)
A
"mobile
Mobile
scrap tire recovery facility" is
means a type of scrap tire recovery facility owned or
operated by a person not otherwise licensed as a class I or class II scrap tire
recovery facility in Ohio and means any
unit for processing tires which
that is designed by the manufacturer for
the regular movement from one operating
site to another and which the owner or operator has used at more than one
location during the prior year. "Mobile scrap tire recovery facility"
specifically includes any tire cutting, baling, or shredding equipment that is
moved from site to site for the purpose of processing scrap tires into a
useable product at the site or before the scrap tires are removed from the
site.
(b) A "class I scrap tire
recovery facility" means a scrap tire recovery facility with a permitted daily
design input capacity of two hundred tons of scrap tires
per day or greater.
(c) A "class II scrap tire recovery facility"
means a scrap tire recovery facility with a registered daily design input
capacity of less than two hundred tons of scrap tires
per day.
(14) "Scrap tire storage area" means
that
the part
of a premises including but not limited to a
the scrap tire
collection, storage, or recovery facility where whole scrap tires are stored.
At a scrap tire recovery facility, the scrap tire
storage area also means that part
includes the portion of the premises where processed
scrap tires are stored.
(15) "Scrap
tire storage facility" means any facility where whole scrap tires are stored
prior to the scrap tires being transported to one of the destinations listed in
paragraph (D)(8) of rule
3745-27-65
of the Administrative Code. A
(a)
A "class I
scrap tire storage facility" means a scrap tire storage facility that has a
permitted capacity of more
greater than ten thousand square feet
and limited to three acres of effective scrap
tire storage. A "class II scrap tire storage
facility" means a scrap tire storage facility that has a registered capacity of
not greater than ten thousand square feet of effective scrap tire
storage.
(b)
A "class II scrap tire storage facility" means a scrap
tire storage facility that has a registered capacity of not greater than ten
thousand square feet of effective scrap tire storage.
[Comment: Division (C) of section 3734.71 of the Revised Code specifies that the owner or operator of a class I scrap tire storage facility must also be the owner or operator of a licensed scrap tire monocell, monofill, or recovery facility in Ohio, or a solid waste or scrap tire monocell, monofill, or recovery facility located in another state and operating in compliance with the laws of that state.]
(16) "Scrap tire storage pile" means an area
where scrap tires are stored either indoors or outdoors on the floor, on the
ground, or in racks. The dimensions of a scrap tire storage pile are determined
by the location of fire breaks of at least the width specified in Chapter
3745-27 of the Administrative Code around the storage pile. A scrap tire
storage pile may consist of one or more separate racks. A scrap tire storage
pile may consist of a combination of racks,
and on the floor, or on the ground
storage of scrap tires.
(17) "Scrap
tire submergence facility" is
means a type of scrap tire monofill facility
and means a facility where
only whole scrap tires are submerged in water in an engineered
structure.
(18) "Scrap tire
transporter" or "transporter" means the registrant for
the
a scrap
tire transportation business or anyone in the registrant's employ who signs the
scrap tire shipping papers or operates the registrant's scrap tire
transportation vehicles.
(19)
"Seismic impact zone" means an area where the maximum horizontal acceleration
in lithified earth material exceeds 0.10
g
one-tenth of the acceleration of
gravity .
(20) "Sewage sludge"
is defined in rule
3745-27-03
of the Administrative Code.
includes but is not
limited to scum and solids removed in primary, secondary, or advanced
wastewater treatment processes. Sewage sludge does not include the
following:
(a)
Ash generated during the firing of sewage sludge in a sewage
sludge incinerator.
(b)
Grit and screenings generated during preliminary
treatment of sewage in a treatment works.
(c)
Animal
manure.
(d)
Residue generated during the treatment of animal
manure.
(e)
Domestic septage.
(21) "Sharp objects" means any
object that has the potential to puncture or lacerate, including but not
limited to nails, sewing needles, straight pins, staples, metal screws, hard
plastic, glass, broken ceramics, and infectious waste "sharps."
[Comment: A "solid waste energy recovery facility", which
, may be regulated as a "scrap tire recovery
facility."]
(T)
(1) "Tangible net worth" means the tangible
assets that remain after deducting liabilities; such assets would not include
such intangibles as goodwill and rights to patents or royalties.
(2) "Tire, " for
purposes of fee collection only,
is defined
has the
same meaning as in section
3734.90 of the Revised Code.
"Tire" and "scrap tire" as used in Chapter 3745-27
of the Administrative Code and the definitions in this
rule
chapter
are not restricted to motor vehicle tires but includes
include all
pneumatic tires.
[Comment: The definition of "tire" found in section 3734.90 of the Revised Code applies only to the collection of the state fee on the sale of new tires by a wholesaler.]
(3) "Tire
adjustment center" means a premises to which defective new tires and tires
returned for warranty adjustment are shipped for analysis of failure and final
disposition.
(4) "Tire derived
fuel" (TDF) or "tire derived chips" (TDC) means a uniformly shredded product
obtained from whole tires where the maximum size of ninety-five per cent of the
shreds are
is
less than four inches in any dimension. TDC may be used as a civil engineering
material or as feedstock for the manufacturing of crumb rubber or other tire
derived material. TDC is defined using the ASTM
"Standard Practice for Use of Scrap Tires in Civil Engineering Applications,"
(D6270-98) (www.astm.org), section 3.1.29, for x-minus classified, size reduced
scrap tires.
(5)
"Tire manufacturing finishing center" means premises where tires are
manufactured, inspected, and processed to either finished stock or
scrap.
(6) "Tire retreading
business" means premises where scrap tires are recycled by processing the scrap
tire
tires and
attaching a new tread to the used tire casing.
(7) "Tire sidewall" means the flat circular
part of a tire left after the tread has been cut away. Tire sidewall does not
include a bagel cut tire or any cut tire where a portion of the tread remains
attached to the sidewall.
(8)
"Treat" or "treatment" when used in connection
with
for the purposes of infectious
wastes, means any method, technique, or
process that renders the wastes noninfectious so
that it is no longer an infectious waste and is no longer an infectious
substance as defined in applicable federal law, including, without limitation,
but
not limited to steam sterilization and incineration
and, in the instance
. Treat or treatment of wastes identified in division
(R)(7) of section 3734.01 of the Revised Code, to
substantially reduce or eliminate the potential for the wastes to cause
lacerations or puncture wounds.
(U)
(1)
"Unit" means a discrete area within the limits of waste placement of a sanitary
landfill facility, for which the owner or operator is authorized to dispose of
solid waste, that is delineated by the owner or operator for the purpose of
complying with the siting, construction, operational, closure or post-closure
care ground water monitoring, and financial assurance requirements of Chapter
3745-27 of the Administrative Code.
(2) "Unstable area" means a location that is
susceptible to natural or human - induced events
or forces capable of impairing the integrity of some or all of the structural
components of a landfill that are responsible for preventing releases from the
landfill and
.
Unstable areas can include areas where on-site or local soil conditions
result in significant differential settling;
, areas where the
downslope movement of soil or rock due to gravitational influence occurs;
, or areas where the
lowering or collapse of the land surface occurs either locally or over broad
regional areas.
(3) "Used tire"
means a whole scrap tire. A used tire remains a scrap tire until it has been
reused by being installed on a vehicle or trailer.
(V)
(1)
(2) "Vertical expansion" means the extension of the
vertical boundary of waste placement that occurs prior to beginning, or being
required to begin, closure activities in accordance with rule
3745-27-11
of the Administrative Code. A vertical expansion is a
"modification"
as that term is defined in rule
3745-27-02 of
the Administrative Code. A vertical expansion is not a
"unit."
(1)
"Variance" means an action of the director that alters
or changes a requirement of a rule adopted under Chapter 3734. of the Revised
Code.
(W)
(1)
"Waste handling area" means any area of a solid waste facility where solid
wastes are stored, loaded, unloaded, baled, shredded, crushed, compacted, or
otherwise processed or subjected to salvaging activities. Waste handling areas
do not include vehicle staging or vehicle storage areas.
[Comment: For definitions of other types of waste handling areas please see "infectious waste handling area" and "scrap tire handling area."]
(2) "Water
pollution" means the unpermitted release of sediment from disturbed areas,
solid waste or waste-derived constituents, or leachate to the waters of the
state.
(3) "Waters of the state"
means all streams, lakes, ponds, marshes, 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 underground
water is located, that are situated wholly or partly within, or border
upon, this state, or are within its jurisdiction,
except those private waters which
that do not combine or effect a junction with
natural surface or underground waters.
(4) "Wetland" means any area that is inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and that under
normal circumstances does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas
has the same
meaning as in rule
3745-1-02 of the
Administrative Code .
(5)
"Working face" means that portion of a sanitary landfill facility where solid
wastes are unloaded for final deposition.
(X) [Reserved.]
(Y)
(1)
"Yard waste" means solid waste that includes only
leaves, grass clippings, brush, garden waste, tree trunks, tree stumps, holiday
trees, and prunings from trees or shrubs and vegetative waste resulting from
the use of commercial products, including but not limited to discarded flowers,
potted flowers, or grave blankets that do not include plastic, metal,
styrofoam, or other non-biodegradable material. Yard waste does not include
industrial agricultural processing or food processing.
the
following:
(a)
Any plant materials from residential trees and edible
gardens.
(b)
Brush.
(c)
Decorative plant
materials that do not contain plastic, metal, polystyrene or other
non-compostable material, including but not limited to any of the
following:
(i)
Pumpkins or gourds.
(ii)
Hay or straw
bales.
(iii)
Holiday trees.
(iv)
Discarded or
potted flowers.
(v)
Wreaths.
(vi)
Grave
blankets.
(d)
Grass clippings.
(e)
Leaves.
(f)
Prunings from
trees or shrubs.
(g)
Tree trunks and stumps.
(Z)
(1)
"Zone of saturation" means that part of the earth's crust, excluding the
capillary zone, in which all voids are filled with water.
(2) "Zoonotic agent" means a type of
microorganism, pathogen, virus, or proteinaceous infectious particle that
causes disease in vertebrate animals, is transmissible to human beings, and can cause or significantly contribute to disease
in or death of human beings.
(AA)
Incorporation by
reference. The text of the incorporated materials is not included in this rule
but is hereby made a part of this rule. Only the specific version referenced in
this rule is incorporated. Any amendment or revision to a referenced document
is not incorporated until this rule has been amended to specify the new
version. The materials incorporated by reference are available as
follows:
(1)
Federal statutes. The full text is available in electronic
format at http://www.gpo.gov/fdsys
. These laws are also available for inspection and copying
at most public libraries and "The State Library of Ohio." Appropriate federal
statutes listed in this rule are those amended through January 2017 and include
the following:
(a)
Investment Company Act of 1940,
15 U.S.C.
80a-1 to
80a-64.
(b)
U.S.C. Title 11,
Bankruptcy.
(2)
"Standard Practice for Use of Scrap Tires in Civil
Engineering Applications," (D6270-17), approved in 1998, re-approved in 2004
and 2012; amended in 2008 and 2017. Information and copies may be obtained by
writing to: "ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West
Conshohocken, Pennsylvania 19428-2959." These documents are available for
purchase at http://www.astm.org
.
(3)
Centers for disease control, "Universal Precaution
System," 2017. The full text is available in electronic format at: https://www.cdc.gov/infectioncontrol/basics/standard-precautions.html
.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.021, 3734.028, 3734.12, 3734.50, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74 Rule Amplifies: 3734.01, 3734.02, 3734.12, 3734.50, 3734.51, 3734.70, 3734.71, 3734.72, 3734.73, 3734.74, 3734.84, 3734.86
Prior Effective Dates: 07/28/1976, 03/01/1990, 05/31/1991, 06/01/1994, 02/01/1995, 12/25/1998, 01/28/2002, 08/15/2003, 07/01/2004, 11/01/2007, 03/01/2013
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.