Ohio Admin. Code 3745-27-02 - Permit to install
(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,
(B) For the purposes of this chapter,
"establish" or "establishment" of a sanitary landfill facility ,
or infectious waste
treatment facility, or scrap tire 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 chapter, "modify" or "modification " means the following:
(1) A sanitary landfill facility undergoing
any of the following:
(b)(a) A
substantial horizontal or vertical increase in the limits of waste placement
including but not limited to those modifications specified in division
(A)(2)(d) of section 3734.05 of the Revised Code.
(c)(b) Any change which
may endanger human health or the environment, including but not limited to a
change to operation, technique of waste receipt, type of waste received, or
design or construction of the facility, as determined by the
director .
(a) A change in the
[Comment: A reduction to the (C)(1)(c)
(C)(1)(b) of this rule is applicable.]
(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 treatment
technology or technologies.
(b) An increase in the treatment capacity.
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.
(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 .
(4) A
(a) An increase in the designated
(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
(D) Exceptions. The following
facilities are
do not required
need to obtain a permit to install:
(1) A solid waste facility 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) A municipal solid waste
landfill required
subject to install
an
the interim composite liner/leachate
collection system specifications pursuant to rule
3745-27-20 of the Administrative
Code.
(3) An infectious waste
treatment facility owned or operated by the generator of the wastes who treats
wastes generated at any premises owned or operated by the generator.
(4) An infectious waste treatment facility
owned or operated by a hospital, as defined in section
3727.01 of the Revised Code,
which treats any of the following:
(a) Sharp
wastes 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 generated in
providing care to a patient by an emergency medical service organization, 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) An infectious waste treatment
facility that holds a license to operate a crematory facility issued in
accordance with Chapter 4717. of the Revised Code and a permit issued in
accordance with Chapter 3704. of the Revised Code.
(6) 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:
(b)
Chapter 918. of the Revised Code.
(c) Chapter 953. of the Revised
Code.
(7) A unit of a
hazardous waste facility for which a
subject to the hazardous waste facility
installation and operation permit is required
by
specifications pursuant to Chapter
3734. of the Revised Code.
(8) A
solid waste facility that holds a current registration pursuant to Chapter
3734. of the Revised Code and the rules adopted thereunder.
(E) Permit to install application.
(1) 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) 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) An applicant for a permit to install,
other than for a 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) 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
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) 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, 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 .
(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 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 , groun d 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 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
by submitting
to the director and provide
a 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
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 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
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 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, 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) Compliance
with this rule does not exempt any person from compliance with any other
applicable law.
Notes
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, 01/01/2021
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