(A)
Facility modifications. The following shall be deemed a modification to a
construction and demolition debris facility:
(1) Any extension beyond the approved limits
of debris placement specified in the valid operating license;
or
.
(2) Any extension beyond the active licensed
disposal area specified in the valid operating license; or
.
(3) Any other substantial change to the
approved facility design plan contained in the valid operating license.
[Comment: The contents of the facility design plan are
specified in rule
3745-400-07 of the
Administrative Code. Changes to operational activities are not modifications,
since the operational aspects of the facility change annually by means of the
license review and approval process.]
(B) Application for a modification. The owner
or operator who desires to modify a facility shall
make
submit an
application for a specific facility modification
at
least
not later than ninety days prior to
the proposed implementation date of the modification. The application shall
contain sufficient detail so the licensing authority can understand the
proposed
change(s)
changes.
An application to laterally extend the limits of debris
placement shall include a demonstration that the entire limits of debris
placement,
(
including the
proposed and existing)
limits of debris placement, meet the requirements
of rule 3745-400-07 of the
Administrative Code.
(C)
Criteria for modification approval. If the licensing authority finds that the
modification is unlikely to adversely affect the public health or safety or the
environment or create a fire hazard, then the licensing authority shall approve
the modification.
[Comment: For ease in program implementation, decisions with
respect to modification applications remain separate from decisions made with
respect to license applications. This will allow an owner or operator to
continue operations if a license application is approvable and issued, but a
modification request is not approvable and is denied.
Note that all
All denials are first issued as proposed actions of
the licensing authority.]
(D) Exemptions.
(1) General exemption criteria. The licensing
authority may by order exempt any person disposing of or proposing to dispose
of construction and demolition debris in such quantities or under such
circumstances that, in the determination of the licensing authority, are
unlikely to adversely affect the public health or safety or the environment, or
create a fire hazard, from any provision of Chapter 3745-400 or
3745-37
3745-501 of the Administrative Code or Chapter 3714.
of the Revised Code or order issued pursuant to either chapter, except
for those circumstances stated
as specified in paragraph (E) of this rule.
[Comment: Guidelines for exemption criteria, including
alternatives to ground water monitoring, are available from the Ohio
EPA.]
(2) Floodplain
exemption criteria. The licensing authority may grant an exemption from the
one
- hundred
- year floodplain restriction stated in paragraph
(B)(1) of rule
3745-400-06 of the
Administrative Code if the licensing authority finds that the establishment of
a new construction and demolition debris
facility
in the one
- hundred
- year floodplain would not result in an increase
of more than one foot in the elevation of that flood stage of the watercourse
upstream or downstream from the proposed facility.
(E) The licensing authority shall not grant
an exemption to
the sole source aquifer location
prohibition pursuant to paragraph (B)(2) of rule
3745-400-06
("Sole Source Aquifer Location
Prohibition") of the Administrative Code or to
the asbestos disposal restriction pursuant to
paragraph (F)(3)(c) of rule
3745-400-11
("Asbestos") of the Administrative
Code.
Notes
Ohio Admin. Code
3745-400-15
Effective:
11/7/2024
Five Year Review (FYR) Dates:
8/14/2024 and
11/07/2029
Promulgated
Under: 119.03
Statutory
Authority: 3714.02
Rule
Amplifies: 3714.02
Prior
Effective Dates: 09/30/1996
