A permit to
install application as required by section
the Revised Code shall be submitted and approved by the director before the
establishment of a new or modification of an existing infectious waste
treatment facility is begun. Compliance with this rule shall not exempt any
person from compliance with any other permit, license, or other obligation for
(1) Permit to install
applications shall contain all the information required by paragraphs (B) and
(C) of this rule. The detail of information shall be sufficient to allow clear
understanding and technical review of the permit application, provide assurance
that the facility is designed and will be operated in accordance with Chapter
3745-27 of the Administrative Code, and be readily understandable by operating
personnel at the facility. An application shall be acted upon if sufficient
information is in the detailed engineering plans, specifications, and narrative
for the director to determine whether the criteria set forth in this rule is
(2) If Ohio EPA
determines that information in addition to that which is required by this rule
is necessary to determine whether the criteria set forth in paragraph (D) of
this rule are satisfied, Ohio EPA may require that the applicant supply such
information as a precondition to further consideration of the permit to install
four copies of
application and any revisions or alterations to the initial application to the
appropriate Ohio EPA district office
shall submit one
copy to the board of health of the health district where the facility is or
will be located, and submit additional identically
complete copies of the application to the director upon written request from
. Any revisions or alterations to the permit application shall be
pertinent to the Ohio EPA's review of the initial application.
Concurrent to submitting the permit
application, the applicant shall also do the following:
Submit a disclosure statement to the
attorney general's office, as required in rules
Administrative Code, if the facility is an off-site facility as defined in
of the Revised Code.
certified mail or any other form of mail accompanied by a receipt, letters of
intent to establish or modify an infectious waste treatment facility. Copies of
the mail receipts shall be included with the application. Letters of intent
shall be sent to the following entities:
The governments of the general purpose political subdivisions where the
infectious waste treatment facility is located, i.e., county commissioner,
legislative authority of a municipal corporation, or the board of township
(ii) The single county or
joint county solid waste management district.
(iii) The owner or lessee of any easement or
right of way bordering or within the proposed facility boundaries that may be
affected by the infectious waste treatment facility.
(iv) The local zoning authority, if any,
(5) Applications to modify a facility with
plans approved after the effective date of this rule shall contain new plan
sheets to replace those affected by the proposed change, as well as any revised
narrative sections. New information added to the revised narrative shall appear
in capital letters, and information to be deleted shall be lined out.
Engineering plan sheets. The
following detailed engineering plans, specifications, and information for
infectious waste treatment facilities shall be shown by means of drawings on
twenty-four inch by thirty-six inch paper, and by narrative descriptions as
determined appropriate by Ohio EPA:
detailed engineering plan cover sheet shall be numbered sheet 1, and shall
contain the following information:
name of the infectious waste treatment facility.
(b) The precise geographical location and
boundaries of the infectious waste treatment facility, the infectious waste
treatment facility property line, and the one-thousand-foot radius around the
property line, all to be shown on a seven and one-half minute USGS
(c) The name and
address of the applicant and the infectious waste treatment facility
(d) The name and address
of the owner(s) of the infectious waste treatment facility.
(e) The name and address of the person who
prepared the plans.
Plan drawings showing the following items within one thousand feet of the
limits of the infectious waste treatment facility. All items specified in an
individual subheading shall be shown on the same plan sheet. A scale of one
inch equals no greater than two hundred feet shall be used:
(a) The property lines of all land owned or
leased for the infectious waste treatment facility as determined by a property
survey conducted by a registered surveyor.
(b) All public roads, railroads, and
(c) All existing land
uses or zoning classifications, property owners, political subdivisions, and
(d) The north
(e) Surface waters of the
showing the following items located within the infectious waste treatment
facility. A scale of one inch equals no greater than fifty feet shall be used:
(a) The location of all existing or proposed
treatment buildings, storage facilities, and occupied structures.
(b) The location of all fencing, gates,
natural screening and other screening on the site.
(c) The location of infectious waste handling
(d) The location of the
location of spill containment and clean-up kits.
(f) The location of fire extinguishers and
other fire response equipment.
(4) Detailed engineering plan drawings
showing plan view, front view, and profile view, with sufficient detail to
provide full understanding of the design and operation of each treatment
For a permit to install
application subject to paragraph (D)(5) of this rule, plan drawings which
clearly delineate all infectious waste handling areas as that term is defined
Administrative Code showing both of the following:
(a) The distance between the infectious waste
handling areas and the property line of the premises on which the infectious
waste treatment facility will be located.
(b) All domiciles, schools, jails, and
prisons located within one thousand feet of the infectious waste handling
The following information shall be presented in narrative form to be contained
in a report divided into the following sections:
Summary of how the infectious waste
treatment facility will meet the standards and operational requirements for
permit approval by the director specified in rules
and 3745-27-37 of the Administrative Code.
Discussion of the following operational
(a) The method of
(b) The identification
and utilization of all existing or proposed treatment buildings, storage
facilities, and occupied structures.
(c) The utilization of all fencing, gates,
natural screening, and other screening on the site.
(d) The utilization of infectious waste
(e) The utilization
and drainage of the decontamination area.
(f) The operating hours.
(g) The functions, qualifications, training,
and certification of staff.
format and use of the daily operating log, which shall include all operational
and maintenance procedures and sources of service and parts.
(i) The design and function of the water
cooling and collection system for ash.
(j) The handling and disposal of particulates
captured by the air pollution control system.
The method used to distinguish hazardous
waste as specified in the "hazardous wastes rules" as defined in paragraph (A)
of the Administrative Code.
method ) used to distinguish infectious wastes that are also radioactive waste
regulated by the Ohio department of health, or the U. S. nuclear regulatory
The quality control
measures specified in paragraph (C) of rule
of the Administrative Code.
names and addresses of any third party contracted for quality control
(o) The accident or
spill containment procedures.
The contingency plans specified in paragraph (C)(3) of rule
of the Administrative Code.
coordination with local officials such as: the fire department, local emergency
management officials, and the police department.
The director shall not approve
any permit to install application for an infectious waste treatment facility
unless the director determines the following:
(1) Establishment or modification and
operation of the infectious waste treatment facility will not violate Chapter
3704., 3714., 3734. or 6111. of the Revised Code.
Location of the infectious waste
treatment facility is not within any of the following:
The boundaries of a regulatory floodplain
as defined in rule
boundaries of a floodplain as determined by the applicant based upon a design
storm equal to the one hundred year twenty-four hour rainfall event defined in
technical paper no. 40, "Rainfall Frequency Atlas of the United States" (1961)
available at http://www.weather.gov
, published by the
national oceanic and atmospheric administration, national weather service, and
using standard methodologies set forth in "Urban Hydrology for Small
Watersheds" (1986) available at available at http://www.usda.gov
service technical release number 55) and section 4 of the "National Engineering
Hydrology Handbook" (1985, including revisions through 2004) available at
of the soil
conservation service of the United States department of agriculture when no
regulatory floodplain designation exists.
(3) The applicant or person listed as
operator, who has previously or is currently responsible for the management or
operation of one or more infectious waste treatment facilities, has managed or
operated such facility in substantial compliance with applicable provisions of
Chapters 3704., 3714., 3734., and 6111. of the Revised Code, and any rules
adopted and permits issued thereunder, and has maintained substantial
compliance with all applicable orders issued by the director, the environmental
review appeals commission (ERAC), or courts having jurisdiction in accordance
with applicable law. The director may take into consideration whether
substantial compliance has been maintained with any applicable order from a
board of health maintaining a program on the approved list and any other courts
applicant meets the requirements of sections
of the Revised Code and rules adopted thereunder.
A permit to install application for the
installation of a new incineration facility specifies the locations of the
infectious waste handling areas on the premises of the proposed facility. The
infectious waste handling areas shall be:
At least three hundred feet from the property line of the tract of land on
which the new incineration facility is proposed to be located; and
At least one thousand feet from any
domicile, school, prison, or jail that is in existence on the date on which the
application for the permit to install the new incineration facility is
submitted under section
the Revised Code.
For the purposes of this paragraph, "an application which
proposes to install a new incineration facility" means the initial permit to
install application to construct an infectious waste treatment facility which
will treat infectious waste by means of incineration or a permit to install
application to modify an infectious waste treatment facility to construct an
incinerator unit where the facility's currently effective permit to install
does not authorize incineration as a treatment method.
(E) The director may
consider, when determining whether or not to approve a permit to install
application for an infectious waste treatment facility, the impact the proposed
infectious waste treatment facility may have on corrective actions that have
been taken, are presently being taken, or are proposed to be taken in the
(F) The permittee
shall submit to Ohio EPA, upon every tenth anniversary of the effective date of
a permit to install that approved initial construction of the facility, an
analysis demonstrating that the design, construction, and operation of the
infectious waste treatment facility continues to meet applicable regulatory
requirements under this chapter. If Ohio EPA determines that the design is no
longer consistent with applicable regulatory requirements under this chapter,
as those requirements are being applied to infectious waste treatment in the
state of Ohio, the permittee may be required to submit a permit to install
application to modify the infectious waste treatment facility. If a permit to
install application is required, Ohio EPA shall not apply the siting criteria
outlined in paragraph (D) of this rule when considering the permit to install