(A) Except as provided in paragraph (D) of
this rule, no person shall establish or modify a solid waste facility or
infectious waste treatment facility without obtaining a permit to install
issued by the director.
[Comment: According to Chapter 3734. of the Revised Code and
the rules promulgated thereunder, solid waste facilities requiring a permit
include sanitary landfill facilities (including scrap tire monofills),
transfer facilities, solid waste
incinerators or solid waste recovery facilities, class I scrap tire storage
facilities, and class I scrap tire recovery facilities.]
(B) For the purposes of this
rule
chapter,
"
"establish
"
" or
"
"establishment
"
" of a sanitary
landfill facility, infectious waste treatment facility,
or scrap tire facility
, or
transfer facility means to construct or install any of the proposed
facility components, and includes excavation that is related to the
construction of a facility or any components thereof.
"Establish
" or
"establishment
"
does not include clearing and grubbing.
(C) For the purposes of this
rule
chapter,
"
"modify
"
" or
"
"modification
"
" means
the following:
(1) A sanitary landfill facility undergoing
any of the following:
(a) A change in the authorized maximum daily
waste receipt established for the facility.
(b) A substantial horizontal or vertical
increase in the limits of waste placement
as that
term is defined in rule
3745-27-01 of the
Administrative Code, including but not limited to those modifications
specified in division (A) (2)(d) of section
3734.05 of the Revised Code.
[Comment: A reduction to the limits of waste placement or total
capacity by itself is generally not considered to be a modification, unless the
reduction also results in other substantial changes to the facility such that
paragraph (C)(1)(c) of this rule is applicable.]
(c) Any change which may endanger human
health or the environment, including but not limited to a change to operation,
technique of waste
received
receipt, type
of waste received, or design or construction of the facility, as determined by
the director.
(2) A solid waste transfer facility
undergoing:
(a) Any substantial expansion of the
waste handling area.
(b) Any substantial change to the
location of the waste handling area.
(3)(2)
An infectious waste treatment facility undergoing
any
of the following:
(a) A substantial
change in waste handling at the facility
,
including but not limited to
the following:
(i) Type of waste received.
(ii) Any change in the
facility's
facility's treatment technology or
technologies.
(b) An
increase in the treatment capacity
of the
facility. For the purposes of this rule,
"
"treatment
capacity
"
"
means the maximum amount of waste permitted by Ohio EPA to be charged into the
treatment unit per hour, or the engineered throughput capacity per hour if no
such permitted capacity is authorized.
(c) Any other substantial change which may
endanger human health or the environment.
(4)(3) A solid waste
incinerator or solid waste energy recovery facility undergoing
the following:
(a) Any substantial expansion of the waste
handling area.
(b) Any substantial
change to the location of the waste handling area.
(5)(4) A
Class I scrap tire storage facility or Class I scrap tire recovery facility
undergoing
the following:
(a) An increase in the designated daily
design input capacity
(DDIC) only when it
requires an increase in the facility
'
's annual license fee. Any decrease in a
facility
'
's
DDIC
daily design
input capacity would not be considered a modification.
(b) Changes requiring the issuance of new or
additional special conditions to the permit.
(c) A change to store any whole or processed
scrap tires outside of a building or in enclosed containers
, if previously there were no scrap tires designated
to be stored outside a building or in enclosed containers or if there were
specific limitations on scrap tires stored outside of a building or in enclosed
containers.
(d) Any substantial
expansion to the scrap tire handling area or scrap tire storage area.
(D) Exceptions. The
following
facilities are not required to obtain a
permit to install:
(1)
The
A solid
waste facility
is
used for sewage sludge treatment or disposal when the
treatment or disposal is authorized by a current permit issued under Chapter
3704. or
Chapter 6111. of the Revised
Code.
(2)
The
A
municipal solid waste landfill
is required
to install an
"interim composite
liner/leachate collection system
" pursuant
to rule
3745-27-20
of the Administrative Code.
(3)
The
An
infectious waste treatment facility
is
owned or operated by the generator of the wastes
and
who treats wastes
that are generated at any premises owned or
operated by the generator.
(4)
The
An
infectious waste treatment facility
is
owned or operated by a hospital, as defined in section
3727.01 of the Revised
Code
; and
,
which treats any of the following:
(a)
Sharp wastes that are generated by a
generator who has staff privileges at that hospital and produces fewer than
fifty pounds of infectious wastes in any one month.
(b) Wastes
that
are generated in providing care to a patient by an emergency medical
services
service organization,
as
defined in
in accordance with section
4765.01 of the Revised
Code.
(c) Wastes generated by an
individual for purposes of the individual's own care or treatment.
(5)
The
An infectious
waste treatment facility
that holds a license to
operate a crematory facility issued
under
in accordance
with Chapter 4717. of the Revised Code and a permit issued
under
in accordance
with Chapter 3704. of the Revised Code.
(6)
The
An infectious
waste treatment facility
that treats or disposes
of dead animals or parts thereof, or the blood of animals, and is subject to
any of the following:
(a) Inspection under the
"
"Federal
Meat Inspection Act,
"
" 81 U.S.C Title
21
,
Chapter 12 (2014).
The "Federal Meat
Inspection Act" can be found at
https://www.gpo.gov/fdsys/browse/collectionUScode.action? collection
Code=USCODE.
(b) Chapter
918. of the Revised Code.
(c)
Chapter 953. of the Revised Code.
(7)
Any
A unit of a
hazardous waste facility for which a hazardous waste facility installation and
operation permit is required by Chapter 3734. of the Revised Code.
(8)
Solid
A solid waste
facilities
facility that
are
holding
holds a current registration
pursuant to Chapter 3734. of the Revised Code and
the rules
promulgated
adopted
thereunder.
(E) Permit
to install application.
(1)
Each
A person
proposing to establish or modify a solid waste facility or infectious waste
treatment facility shall submit an application for a permit
to install with accompanying detail plans and
specifications to the director as deemed necessary in order to determine
whether the criteria for approval have been met.
(2)
Each
An application
for a permit to install shall be accompanied by a nonrefundable application fee
established in Chapters 3734. and 3745. of the Revised Code.
(3)
Every
An applicant for
a permit
to install, other than for a
permit modification, shall file a
disclosure statement
, on a form developed
by the attorney general
, with the director
and the attorney general at the same time the applicant files an application
for a permit
to install with the
director.
(4)
The
An
application for a permit to install shall be signed by either the owner or
operator of the facility and shall be one of the following:
(a) In the case of a corporation, a principal
executive officer of at least the level of vice president, or a duly authorized
representative, if such representative is responsible for the overall operation
of the facility.
(b) In the case of
a partnership, a general partner.
(c) In the case of a limited liability
company, a manager, member, or other duly authorized representative of the
limited liability company, if such representative is responsible for the
overall operation of the facility.
(d) In the case of sole proprietorship, the
owner.
(e) In the case of a
municipal, state, federal, or other governmental facility, the principal
executive officer, the ranking elected official, or other duly authorized
employee.
(5) The
signatures
signature on the application for a permit to install
shall constitute personal affirmation that all statements or assertions of fact
made in the application are true and complete, comply fully with applicable
state requirements, and shall subject the signatory to liability under those
state laws forbidding false or misleading statements.
(6)
The applicant
for a municipal solid waste landfill, industrial solid waste landfill, residual
waste landfill, or solid waste transfer facility undergoing one or more of the
following, shall also submit not
Not
later than thirty days after the public meeting on the application, as
specified in division (A)(2)(d) of section
3734.05 of the Revised Code, a
copy of the transcript of the public meeting
on the
application, copies of any exhibits, displays
, or other materials presented by the applicant at the
meeting, and the original copy of any written comments submitted at the
meeting
:
shall be
submitted to the director by the owner or operator of a municipal solid waste
landfill, industrial solid waste landfill, or residual waste landfill.
(a) Establishing a new
facility.
(b) Any increase of more than ten
per cent in the total capacity of the existing facility.
(c) Any expansion of the limits of
solid waste placement of the existing facility.
(d) Any increase in the depth of
excavation at the existing facility.
(e) Any change in the technique of
waste receipt or type of waste received at the existing facility that may
endanger human health.
(F) A permit to install shall be issued,
modified, revoked, or denied and may be appealed in accordance with Chapters
3745-47 and 3745-49 of the Administrative Code and section
3734.09 of the Revised
Code.
(G) Issuance of the permit
to install.
(1)
In deciding whether to
grant
issue or deny a permit to install, the director shall
evaluate whether the construction, operation, closure, and if applicable, post
closure care of the facility is capable of fulfilling all appropriate
regulatory requirements for protecting surface water, ground water, and air by
soliciting the input and coordinating the issuance of the permit to install
with all relevant divisions of Ohio EPA, as specified in the appendix to this
rule. The director may consult with other divisions or persons as the director
deems appropriate.
(2) In deciding
whether to
grant
issue or deny a permit to install, the director may
take into consideration the social and economic impact of the air contaminants,
water pollutants, or other adverse environmental impact that may be a
consequence of issuance of the permit to install.
(H) Terms and conditions.
(1) The director may impose such special
terms and conditions as are appropriate or necessary to ensure compliance with
rules adopted under division (A) of section
3734.02 of the Revised Code and
division (D) of section
3734.12 of the Revised
Code.
(2) If the director
determines that standards more stringent than those applicable in rules adopted
under division (A) of section
3734.02 of the Revised Code and
division (D) of section
3734.12 of the Revised Code, or
standards pertaining to subjects not specifically addressed by those rules, are
necessary to ensure that a solid waste facility constructed at the proposed
location will not cause a nuisance, cause or contribute to water pollution, or
endanger public health or safety, the director may issue a permit
to install for the facility with such terms and
conditions as the director finds necessary to protect public health and safety
and the environment. If a permit
to install is
issued, the director shall state in the order issuing it the specific findings
supporting each such term or condition.
(I) Termination.
(1) A permit to install for a new facility
shall terminate three years after the effective date of the permit to install
if the owner or operator has not undertaken a continuing program of
installation or has not entered into a binding contractual obligation to
undertake and complete within a reasonable time a continuing program of
installation of the new facility.
(2) The owner or operator may request the
establishment of a new termination date. Such request shall be submitted to the
director and provide justification for the extension of time and an analysis
demonstrating that the facility continues to meet the applicable siting
criteria and design standards established in the current version of
the rules
adopted
under Chapter 3734. of the Revised Code.
(3) The director may establish a new
termination date not to exceed twelve months of the current effective date if
the director determines that the owner or operator has adequately justified an
extension of time and has demonstrated that the facility continues to meet the
applicable siting criteria and design standards established in the current
version of
the rules
adopted under Chapter 3734. of the Revised
Code.
(J)
Administrative change to the permit
to install.
An administrative change to the permit
to install
is an amendment that does not result in a modification or alteration to the
facility. A permit
to install may be
administratively changed for the following reasons:
(1) To update administrative information
including but not limited to the telephone number, address, or name of the
facility.
(2) To clarify or correct
Ohio EPA typographical errors contained in the permit
to install. Such changes
must
shall be made
solely for the purpose of clarification or correction of typographical errors
and do not constitute a modification or alteration of the facility.
(3) To establish a new termination date of
the permit to install in accordance with paragraph (I)(3) of this
rule.
(K) Revocation of
the permit
to install. The director may revoke a
permit to install if
one or a
combination
any of the following occur:
(1) Any cause that would require
disqualification pursuant to division (A), (B), (D), or (E) of section
3734.44 of the Revised Code from
receiving a permit
to install upon original
application.
(2) Fraud, deceit, or
misrepresentation in securing the permit
to
install or in the conduct of the permitted activity.
(3) Offering, conferring, or agreeing to
confer any benefit to induce any other individual or business concern to
violate the provisions of Chapter 3734. of the Revised Code,
or any rule adopted thereunder, or of any
other law relating to the transportation, transfer, treatment, storage, or
disposal of solid wastes, infectious wastes, or hazardous wastes.
(4) Coercion of a customer by violence or
economic reprisal or the threat thereof to utilize the services of any permit
holder.
(5) Preventing, without
authorization of the director, any individual or business concern from
transferring or disposing of solid wastes or hazardous wastes at a permitted
treatment, transfer, storage, or disposal facility other than a facility owned
or operated by the permit holder, or preventing, without authorization of the
director, any individual or business concern from treating infectious waste at
a licensed infectious waste treatment facility other than a facility owned and
operated by the permit holder.
(L)
This
Compliance with
this rule
shall
does not exempt any person from compliance with any
other applicable law.
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Notes
Ohio Admin. Code
3745-27-02
Effective:
1/1/2021
Five Year Review (FYR) Dates:
7/6/2020 and
01/01/2026
Promulgated
Under: 119.03
Statutory
Authority: 3734.02,
3734.021,
3734.12,
3734.73
Rule
Amplifies: 3734.02,
3734.021,
3734.05,
3734.09,
3734.12,
3734.44,
3734.73,
3734.76,
3734.77,
3734.78
Prior
Effective Dates: 10/17/2003, 11/01/2007, 07/01/2008,
01/01/2017