Ohio Admin. Code 3745-400-50 - Processing facility permit to install
(A)
Permit to install
application.
(1)
A person proposing to establish, maintain, or modify a
processing facility shall submit to the permitting authority a permit to
install application that contains the information specified in this rule so
that the permitting authority can determine whether the criteria set forth in
rules 3745-400-52 and
3745-400-54 of the
Administrative Code are satisfied. The permit to install application shall
include sufficient detail to allow clear understanding for technical review of
the application and to provide assurance that the processing facility is
designed and can be constructed and operated in accordance with this
chapter.
(2)
An owner or operator of a processing facility in
operation prior to the effective date of this rule that is proposing to
continue to operate the processing facility after the effective date of this
rule shall submit an application for a permit to install to the permitting
authority in accordance with paragraphs (A)(1) and (A) (3) of this rule not
later than six months after the effective date of this rule.
(3)
A permit to
install application shall be made on forms prescribed by the director and
include at a minimum the following:
(a)
The processing facility design plan that complies with
rule 3745-400-52 of the
Administrative Code.
(b)
The fire prevention and response plan that complies
with paragraph (H) of rule
3745-400-58 of the
Administrative Code and any other plan that was required by other applicable
rules or effective authorizations.
(c)
A draft of the
final closure financial assurance mechanism selected in accordance with
paragraph (B) of rule
3745-400-56 of the
Administrative Code to be executed and funded prior to license
issuance.
(d)
A signature in accordance with rule
3745-500-50 of the
Administrative Code.
(e)
An application fee of one thousand
dollars.
(4)
Permit to install renewal.
(a)
An owner or
operator of a processing facility with an effective permit to install may
submit a permit to install application to renew the permit to install. The
owner or operator of the processing facility shall submit a permit to install
application in accordance with paragraph (A) of this rule not later than one
hundred eighty days prior to the expiration date of the effective permit to
install.
(b)
Absent any conflicting provision in Chapter 3714. of
the Revised Code or the rules promulgated thereunder, an administrative order,
an order of the environmental review appeals commission, or an order of a court
of competent jurisdiction, the effective permit to install shall remain in
effect in the event that a permittee has filed an application for a renewal
permit to install within the time and in the manner provided in this rule and
the permitting authority has not taken a final action on the
application.
(B)
Permit to install
issuance fees. Not later than thirty days after issuance of a permit to
install, the owner or operator of the processing facility shall remit to the
permitting authority a permit to install fee of two thousand
dollars.
(C)
Administrative change to a permit to install. A permit
to install may be administratively changed in accordance with rule
3745-500-360 of the
Administrative Code.
(D)
Alteration of a permit to install. A permit to install
may be altered in accordance with rule
3745-500-150 of the
Administrative Code.
(E)
Transfer of a permit to install.
(1)
The permittee may
request the transfer of the permit to install by submitting to the permitting
authority an application on forms prescribed by the director that are signed by
both the permittee and the proposed transferee in accordance with rule
3745-500-50 of the
Administrative Code and that at a minimum includes the following
information:
(a)
The transferee's name and contact
information.
(b)
Specification if the transferee is the owner or
operator of the processing facility, or both.
(c)
The name,
address, and secondary identification number of the processing facility to
which the permit to install pertains.
(d)
The proposed date
for transfer.
(e)
Any other information deemed necessary by the director
or approved board of health.
(2)
Transfer of a
permit to install occurs upon written authorization from both the director and
the approved board of health, if applicable.
(F)
Termination of a
permit to install. A permit to install terminates one year after the effective
date of the permit to install if the permittee has not established the
processing facility in accordance with the permit to install.
(G)
Suspension or
revocation of a permit to install. The director or the permitting authority may
suspend or revoke a permit to install by order for any cause that would be
grounds for suspension or revocation pursuant to Chapter 3714. of the Revised
Code. Grounds include but are not limited to the following:
(1)
Entry pursuant to
applicable law to inspect or investigate, obtain samples, or examine or copy
records to determine compliance is refused, hindered, or
thwarted.
(2)
The owner or operator of a processing facility violates
Chapter 3714. of the Revised Code or rules adopted thereunder.
(3)
The owner or
operator of the processing facility is not operating the processing facility in
substantial compliance with applicable environmental laws.
(4)
A nuisance, fire
hazard, or health hazard exists at the processing facility.
(5)
Fraud, deceit, or
misrepresentation in securing the permit or conducting the permitted
activity.
(6)
Offering, conferring, or agreeing to confer any benefit
to induce any other individual or business concern to violate the provisions of
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or any rule adopted
thereunder, or of any other law relating to the transportation, transfer,
processing, or recycling of construction and demolition debris.
(7)
Coercion of a
customer by violence or economic reprisal or the threat thereof to utilize the
services of any permittee, owner, or operator.
(H)
The owner or
operator of a processing facility for which the permit to install has been
suspended shall do the following:
(1)
Cease all construction activities at the construction
and demolition debris processing facility.
(2)
Cease acceptance
of construction and demolition debris at the processing facility upon the
effective date of the order suspending the processing facility permit to
install, unless the order suspending the processing facility permit to install
provides otherwise.
(3)
Comply with the operational requirements specified in
the applicable rules.
(4)
Not recommence acceptance of construction and
demolition debris unless the permitting authority has by order reinstated the
processing facility permit to install.
(I)
Expiration of a
permit to install. A permit to install expires five years after the effective
date of the permit to install.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.022
Rule Amplifies: 3714.022, 3714.051, 3714.06, 3714.09
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