Ohio Admin. Code 3745-27-63 - Class I scrap tire storage facility or class I scrap tire recovery facility permit to install application
(A) Applicability.
(1) Except as specified in paragraph (A)(2)
of this rule, this rule applies to a class I scrap tire storage facility or
class I scrap tire recovery facility, as defined in rule
3745-27-01 of the
Administrative Code, as follows:
(a) An
application for a permit to install for a facility along with a nonrefundable
four hundred dollar application fee shall be submitted to the director through
the appropriate district office, based on where the facility is to be located,
at least one hundred eighty days prior to the date on which the applicant of
the facility proposes to accept scrap tires.
(b) Prior to modifying a facility, an
application for a permit to install to modify the facility along with a
nonrefundable four hundred dollar application fee shall be submitted to the
director at least one hundred eighty days prior to the date on which the
applicant proposes to modify the facility. "Modification" is defined for
purposes of this rule in paragraph (C)(6) of rule
3745-27-02 of
the Administrative Code.
(2) Scrap tire storage facility exclusions.
The requirement to obtain a permit to install does not apply to any of the
premises listed in paragraphs (A)(2) to (A)(5) of rule
3745-27-61
of the Administrative Code.
(3) A
new or existing scrap tire recovery facility that requests to burn solid waste
other than scrap tires shall, in addition to registering as a scrap tire
recovery facility, do both of the following:
(a) Apply for a permit to install a solid
waste incinerator facility in accordance with rule
3745-27-50
of the Administrative Code.
(b)
Apply for a solid waste incinerator operating license in accordance with
Chapter 3745-37 of the Administrative Code.
(4) A new or existing scrap tire recovery
facility that requests to burn infectious waste with the scrap tires shall, in
addition to registering as a scrap tire recovery facility, do both of the
following:
(a) Apply for an infectious waste
treatment facility permit to install application in accordance with rule
3745-27-37
of the Administrative Code.
(b)
Apply for an infectious waste treatment license in accordance with Chapter
3745-37 of the Administrative Code.
(5) The exclusions from permitting specified
in paragraph (A)(2) of this rule are not cumulative, but shall be considered
individually. If more than one business arrangement listed above in paragraph
(A)(2) of this rule is occurring at a particular site, then only the largest
single exemption will be the overall limitation for all temporary scrap tire
storage at the site.
(B)
A permit to install application, as required by section
3734.76 or
3734.78 of the Revised Code,
shall be submitted to and approved by the director, before the establishment or
modification of a class I scrap tire storage or scrap tire recovery facility is
begun. The permit to install application shall:
(1) Contain all the information required in
paragraphs (B) and (C) of this rule such that the director can determine if the
criteria set forth in rules
3745-27-02 and
3745-27-62
of the Administrative Code are satisfied.
(2) Contain detail engineering plans,
specifications, and information that shall be presented in a manner acceptable
to the director. Detail shall be sufficient to allow clear understanding for
technical review of the permit application, to provide assurance that the
facility is designed and will be operated in accordance with Chapters 3745-27
and 3745-37 of the Administrative Code, and to be readily understandable by
operating personnel at the facility.
(3) Be accompanied by a copy of the
disclosure statement to the attorney general's office as required in rules
109:6-1-01 to
109:6-1-04 of the
Administrative Code.
For regulatory review purposes, the initial application and any subsequent revisions to the application, shall be submitted in duplicate to the director with a third copy sent to the board of health of the health district where the facility is or shall be located. Any revisions to the application shall be accompanied by an index listing the change and the pages where the change occurred. Upon written request from the Ohio EPA, the applicant shall submit two additional and identically complete copies of the revised application to the director and a notarized statement that, to the best of the knowledge of the applicant, the detail engineering plans, specifications, and information in the permit application are true and accurate.
An application, notwithstanding its deficiency, may be considered and acted upon if sufficient information is in the detail engineering plans, specifications, and report for the director to determine whether the criteria set forth in rules 3745-27-02 and 3745-27-62 of the Administrative Code are satisfied.
If the director determines that information in addition to that required by this rule is necessary to determine whether the criteria set forth in rules 3745-27-02 and 3745-27-62 of the Administrative Code are satisfied, the director shall require that the applicant supply such information as a precondition to further consideration of the permit to install application.
The permit to install shall remain in effect until the director has received, and approved in writing, certification that all required closure activities have been completed, unless the permit has been revoked or terminated in accordance with rule 3745-27-02 of the Administrative Code.
(C) The following detail engineering plans,
specifications, and information for a class I scrap tire storage or class I
scrap tire recovery facility shall be shown by means of drawings and narrative
descriptions where appropriate. Minimum dimensions of the plan drawings shall
be twenty-four inches by thirty-six inches.
(1) The detail engineering plan cover sheet
to be numbered sheet 1, shall contain all of the following information:
(a) The name, address, and phone number of
the scrap tire storage or recovery facility.
(b) The precise geographic location and
boundary of the scrap tire storage or recovery facility, to be shown on a 7-1/2
minute USGS topographic map.
(c)
The name, address and telephone number of the applicant, the owner, and the
operator of the scrap tire storage or recovery facility.
(d) The name and address of the all owners of
the land to be used for the scrap tire storage or recovery facility.
(e) The name and address of the person who
prepared the plans.
(f) The name,
address, and phone number of the emergency contact people for the facility.
These people shall be authorized to commit resources necessary for emergency
response equipment, material, and services for the facility.
(g) The name, address, and phone number of
the person who prepared the application.
(2) Calculations of the amount of financial
assurance required for a third party to complete closure of the facility as
specified in rule
3745-27-66
of the Administrative Code. The financial assurance amount shall be in
accordance with rule
3745-27-15
of the Administrative Code, shall be based on the maximum number of scrap tires
and the maximum amount of scrap tire material to be stored at the facility, and
shall be calculated as described in paragraph (C)(2) of rule
3745-27-61
of the Administrative Code.
(3) A
class I scrap tire recovery facility application shall include the calculations
and narrative describing the "daily design input capacity" (DDIC) requested for
the facility. The initial DDIC shall be calculated as an estimated average of
the total daily processing amount for all operating days in each month. This
amount shall be expressed in weight. Subsequent DDIC calculations shall be
based on the amounts recorded in the facility's operating log, expressed either
by weight (for facilities utilizing scales), number count, or volume per day.
The conversion factors to use between weight and volume or number count are
found in appendix I to rule
3745-27-61
of the Administrative Code.
(4)
Plan drawings showing the following items located within the facility boundary
and within one thousand feet of the facility boundary shall contain all
information in paragraphs (C)(4)(a) to (C)(4)(h) of this rule. Those items
specified in paragraphs (C)(4)(a) to (C)(4)(h) of this rule shall be
illustrated on a series of plan drawings which shall be numbered consecutively:
4A, 4B, 4C, etc. All information specified in an individual subheading shall be
shown on the same plan sheet. An individual drawing may contain information
specified in more than one individual subheading. A scale of one inch equals no
greater than two hundred feet shall be used unless otherwise specified. All
plan drawings required by paragraph (C)(4) of this rule shall include a north
arrow and the proposed facility boundary.
(a)
The property lines of all land owned or leased for the scrap tire recovery
facility or scrap tire storage facility as determined by a property survey
conducted by a professional skilled in the appropriate discipline(s).
(b) All public roads, railroads,
and occupied structures.
(c)
Existing topography showing surface waters of the state, as defined in rule
3745-1-02 of the
Administrative Code, with a contour interval no greater than five feet.
(d) All existing land uses, zoning
classifications, property owners, political subdivisions, and communities.
(e) All existing domiciles within
the facility or within five hundred feet of the facility's boundaries. Include
the location and dimensions of all buildings, fencing, gates, and other
structures.
(f) The limits of the
regulatory floodplain.
(g) The
boundaries of all the areas listed in paragraph (B)(1) of rule
3745-27-62
of the Administrative Code, if applicable. If not applicable a statement to
that effect shall be included in the application.
(h) The boundaries of all the areas and
stream segments listed in paragraph (B)(2) of rule
3745-27-62
of the Administrative Code, if applicable. If not applicable a statement, these
areas and stream segments are not within one-thousand feet of the facility
boundary, shall be included in the application.
(5) Plan drawings, showing the following
items located within the facility boundary and within two hundred fifty feet of
the facility boundary shall contain all information in paragraphs (C)(5)(a) to
(C)(5)(d) of this rule. Those items specified in paragraphs (C)(5)(a) to
(C)(5)(d) of this rule shall be illustrated on a series of plan drawings which
shall be numbered: 5A, 5B, 5C, etc. All items specified in an individual
subheading shall be included on the same plan drawing, unless otherwise
specified. An individual plan drawing may contain information specified in more
than one individual subheading. A scale of one inch equals no greater than one
hundred feet shall be used. All plan drawings required by paragraph (C)(5) of
this rule shall include those items specified in paragraph (C)(4) of this rule
and all of the following:
(a) The location of
all proposed scrap tire handling areas, areas designated for recycling
activities, maintenance buildings, weighing facilities, storage buildings,
temporary scrap tire storage areas, and other occupied structures.
(b) The location of existing or proposed
bridges, elevated trestles, elevated roadways, elevated railroads, or
electrical power lines having a voltage in excess of seven hundred fifty volts
or that supply power to fire emergency systems.
(c) The location of all existing and proposed
fencing, gates, and natural or other screening on the site. Contour intervals
need not be delineated if such locations are shown on an aerial photograph.
(d) Existing and proposed
constructed topography of the site. Contour lines shall have an interval no
greater than five feet.
(6) Surface water drainage information shall
be on plan drawings numbered consecutively 6A, 6B, etc., and shall indicate the
existing direction of flow and points of concentration of all surface waters.
(7) Detail construction and
operational plans showing all facility operations shall be on plan drawings
numbered consecutively 7A, 7B, etc., and shall include the following:
(a) Location of on-site scrap tire handling
and temporary scrap tire storage areas, including the maximum dimensions of all
scrap tire piles, fire break widths, and location of all facility access roads.
(b) Any berms required in
accordance with paragraph (C)(2) or (C)(3) of rule
3745-27-62
of the Administrative Code or to control runoff from the facility in accordance
with paragraph (I)(2)(d) of rule
3745-27-65
of the Administrative Code.
(D) The following information shall be
presented in narrative form in a report divided as follows:
(1) A summary of the site environs and
explanation of how the scrap tire recovery facility or scrap tire storage
facility shall meet the criteria for permit approval by the director specified
in rules
3745-27-02 and
3745-27-62
of the Administrative Code.
(2)
Discussion of the following:
(a) For a scrap
tire recovery facility only, the information specified in paragraph (C)(3) of
this rule.
(b) The equipment and
methods to be used in the operation and maintenance of the facility. Such
information shall include, at a minimum, the following:
(i) Performance capabilities, scrap tire
processing rate, and principal specifications of each piece of powered
equipment to be used for loading, unloading, handling, or processing of scrap
tires.
(ii) Proposed hours of
operation.
(iii) A description of
all activities to be performed on the site, including, but not limited to
receiving, unloading, loading, handling, storage, compacting, baling,
shredding, processing rates and order of operations, operational methods used
to handle bulky and/or dusty materials and any other processing operations.
(iv) Methods of controlling
mosquitoes.
(v) Methods of loading
all materials being shipped out.
(vi) Inspection procedures to prevent any
material other than scrap tires from being accepted at the facility.
(vii) Measures to control dust or erosion at
the facility.
(c) A
description, in narrative form, of the security used at the facility which
meets the requirements of paragraphs (C)(6) and (C)(7) of rule
3745-27-65
of the Administrative Code.
(3) The following plans:
(a) A copy of the fire contingency plan
required by paragraph (G) of rule
3745-27-65
of the Administrative Code and the fire safety plan required by the local or
state fire code.
(b) A "closure
plan" that meets the minimum requirements for facility closure in accordance
with rule
3745-27-66
of the Administrative Code. The"closure plan" shall contain, at a minimum, the
following information:
(i) Schedule and
description of the steps necessary to close the facility as detailed in rule
3745-27-66
of the Administrative Code.
(ii)
Name, address, and telephone number of the authorized person or office to
contact regarding the facility during the closure period.
(4) All applications shall include
the following:
(a) An unexecuted draft of the
financial assurance instrument in accordance with rule
3745-27-15
of the Administrative Code.
(b)
Proof of property ownership or lease agreement to use the property as a scrap
tire facility.
(c) A notarized
statement that, to the best of the knowledge of the applicant, the detail
engineering plans, specifications, and information in the permit application
are true and accurate.
(d) A
nonrefundable permit application fee of four hundred dollars with the
application. The application, and any revisions or alterations to the
application, shall be submitted to the director and a copy shall be sent to the
board of health of the health district and the solid waste management district
where the facility is or will be located. Any revisions or alterations to the
permit application shall be pertinent to the director's review of the initial
application.
(E) Concurrent to submitting the permit to
install application, the owner or operator shall do the following and include a
copy of each of the letters required in paragraphs (E)(1) and (E)(3) of this
rule and a copy of the return receipt for each letter with the permit
application:
(1) Send letters of intent to
establish or modify a scrap tire storage facility or scrap tire recovery
facility via certified mail or any other form of mail accompanied by a receipt
to the entities specified in paragraph (C)(11) of rule
3745-27-61
of the Administrative Code.
(2)
Submit an application for a license in accordance with Chapter 3734. of the
Revised Code with a nonrefundable license application fee of one hundred
dollars, except for a scrap tire storage facility that is owned or operated by
a motor vehicle salvage dealer licensed under Chapter 4738. of the Revised
Code, the license fee shall be zero. All license applications are to be
submitted to the appropriate licensing authority.
(3) Submit to the divisions of Ohio EPA
regulating air pollution control and water pollution control, written
notification of intent to site a scrap tire facility and a written request for
information pertaining to any regulatory requirements under Chapter 3704. or
6111. of the Revised Code. Facilities shall not begin operation until all
required permits, registrations, and licenses are obtained.
(F) Applications shall be signed
in accordance with the following:
(1) 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.
(2) In the case of a partnership, a general
partner.
(3) 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.
(4) In the case of sole proprietorship, the
owner.
(5) 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.
(G) The
signature on the document shall constitute personal affirmation that all
statements and all assertions of fact made in the document are true, accurate,
include all required information, and comply fully with applicable rules.
(H) Unless a certification
statement is otherwise required, a document signed in accordance with this rule
shall include the following certification statement:
"By signing this document I herby certify that all statements and all assertions of fact made in the document are true, accurate, include all required information, and comply fully with applicable rules."
(I) Upon written notification that
the application is incomplete, the applicant shall, within one hundred eighty
days of receipt of the notification, do one of the following:
(1) Notify the director, in writing, that the
application is being withdrawn.
(2)
Correct noted deficiencies and resubmit the application.
(3) Submit a written request to and obtain
authorization from the director for an additional thirty-day extension.
[Comment: Paragraph (H) of rule 3745-27-62 of the Administrative Code states that an incomplete application may be a basis for denial of a permit.]
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.71, 3734.73
Rule Amplifies: 3734.71, 3734.73, 3734.76, 3734.78
Prior Effective Dates: 3/1/1996, 3/29/2002, 7/1/2004, 11/1/2007
R.C. 119.032 review dates: 08/08/2007 and 11/01/2012
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.71, 3734.73
Rule Amplifies: 3734.71, 3734.73, 3734.76, 3734.78
Prior Effective Dates: 3/1/96, 3/29/02, 7/1/04
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.