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
of a sanitary
landfill facility, 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.
does not include clearing and grubbing.
For the purposes of this
means the following
A sanitary landfill facility undergoing
any of the following
(a) A change in the authorized maximum daily
waste receipt established for the facility.
A substantial horizontal or vertical
increase in the limits of waste placement
term is defined in rule
3745-27-01 of the
including but not limited to those modifications
specified in division (A) (2)(d) of section
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.]
Any change which may endanger human
health or the environment, including but not limited to a change to operation,
technique of waste
of waste received, or design or construction of the facility, as determined by
(2) A solid waste transfer facility
(a) Any substantial expansion of the
waste handling area.
(b) Any substantial change to the
location of the waste handling area.
An infectious waste treatment facility undergoing any
of the following
change in waste handling at the facility
including but not limited to the following
(i) Type of waste received.
Any change in the
treatment technology or
increase in the treatment capacity
. For the purposes of this rule,
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.
A solid waste
incinerator or solid waste energy recovery facility undergoing
(a) Any substantial expansion of the waste
(b) Any substantial
change to the location of the waste handling area.
Class I scrap tire storage facility or Class I scrap tire recovery facility
undergoing the following
An increase in the designated daily
design input capacity
only when it
requires an increase in the facility
s annual license fee. Any decrease in a
would not be considered a modification.
(b) Changes requiring the issuance of new or
additional special conditions to the permit.
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
(d) Any substantial
expansion to the scrap tire handling area or scrap tire storage area.
are not required to obtain a
permit to install:
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
municipal solid waste landfill
to install an
liner/leachate collection system
of the Administrative Code.
infectious waste treatment facility
owned or operated by the generator of the wastes
generated at any premises owned or
operated by the generator.
infectious waste treatment facility
owned or operated by a hospital, as defined in section
of the Revised
treats any of the following:
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)
generated in providing care to a patient by an emergency medical
in accordance with
of the Revised
(c) Wastes generated by an
individual for purposes of the individual's own care or treatment.
waste treatment facility that
holds a license to
operate a crematory facility issued
Chapter 4717. of the Revised Code and a permit issued
Chapter 3704. of the Revised Code.
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:
Inspection under the
Meat Inspection Act,
81 U.S.C Title 21
Chapter 12 (2014)
The "Federal Meat
Inspection Act" can be found at
918. of the Revised Code.
Chapter 953. of the Revised Code.
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.
a current registration
pursuant to Chapter 3734. of the Revised Code and the
proposing to establish or modify a solid waste facility or infectious waste
treatment facility shall submit an application for a permit
with accompanying detail plans and
specifications to the director as deemed necessary in order to determine
whether the criteria for approval have been met.
for a permit to install shall be accompanied by a nonrefundable application fee
established in Chapters 3734. and 3745. of the Revised Code.
a permit to install
, other than for a
modification, shall file a
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
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
(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
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.
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
later than thirty days after the public meeting on the application, as
specified in division (A)(2)(d) of section
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
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
(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
Issuance of the permit
In deciding whether to
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
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.
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
If the director
determines that standards more stringent than those applicable in rules adopted
under division (A) of section
of the Revised Code and
division (D) of section
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
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
issued, the director shall state in the order issuing it the specific findings
supporting each such term or condition.
(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.
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
under Chapter 3734. of the Revised Code
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
adopted under Chapter 3734. of the Revised
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
administratively changed for the following reasons:
(1) To update administrative information
including but not limited to the telephone number, address, or name of the
To clarify or correct
Ohio EPA typographical errors contained in the permit to install
. Such changes
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
the permit to install
. The director may revoke a
permit to install if
one or a
of the following occur:
Any cause that would require
disqualification pursuant to division (A), (B), (D), or (E) of section
of the Revised Code from
receiving a permit to install
Fraud, deceit, or
misrepresentation in securing the permit to
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
(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.
not exempt any person from compliance with any
other applicable law.
Ohio Admin. Code
Five Year Review (FYR) Dates:
Effective Dates: 10/17/2003, 11/01/2007, 07/01/2008,