Ohio Admin. Code 3745-37-09 - Return of solid waste facility, infectious waste treatment facility, and construction and demolition debris facility licensing function to health districts
(A) The director shall return the solid waste
facility licensing and infectious waste treatment facility licensing and
construction and demolition debris facility licensing function to a health
district from which he has taken the licensing function pursuant to section
3734.08 and division (A) of
section 3714.09 of the Revised Code and
rule
3745-37-08
of t the Administrative Code if he determines that the health district is both
capable of and willing to enforce all applicable requirements of Chapters 3734.
and 3714. of the Revised Code and Chapters 3745-27, 3745-400, and 3745-37 of
the Administrative Code.
(B) The
director shall return the construction and demolition debris facility licensing
function to a health district from which he has taken the licensing function
pursuant to division (B) of section
3714.09 of the Revised Code and
rule
3745-37-08
of the Administrative Code if he determines that the health district is both
capable of and willing to enforce all applicable requirements of Chapter 3714.
of the Revised Code and Chapters 3745-400 and 3745-37 of the Administrative
Code.
(C) The director shall place
a health district not currently on the solid and infectious wastes program
approved list on the construction and demolition debris facility program
approved list if he determines that the health district is both capable and
willing to enforce all applicable requirements of Chapter 3714. of the Revised
Code and 3745-400 and 3745-37 of the Administrative Code.
(D) In making the determination required in
paragraph (A) or (B) of this rule, the director shall take into consideration:
(1)
(a)
Changes in or additions to the staff; and
(b) Increases in the funds available to the
health district for enforcement of Chapters 3734. and/or 3714. of the Revised
Code and Chapters 3745-27, 3745-400, and 3745-37 of the Administrative Code;
and
(c) For the construction and
demolition debris facility licensing function, staff credentials as required in
paragraph (D)(11) of rule
3745-37-08
of the Administrative Code; and
(2) Written assurances from the health
district of increased efforts on the part of the district; and
(3) Decreases in the number or complexity of
the solid waste facilities, infectious waste treatment facilities, or
construction and demolition debris facilities that would be within the health
district's jurisdiction; and
(4)
Any other factor that indicates to the director that the health district meets
the criteria set forth in paragraph (A) or (B) or (C) of this rule.
(E) If the director makes the
determination described in paragraph (A) or (B) or (C) of this rule, he shall
promptly:
(1) Enter such determination into
his journal; and
(2) Notify the
health district of his determination by certified mail; and
(3) Publish notice of his determination in
the Ohio EPA "Weekly Review"; and
(4) Publish notice of his determination in a
newspaper of general circulation in the area within the jurisdiction of the
health district.
Notes
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.05, 3734.08
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