Ohio Admin. Code 3745-400-54 - Criteria and procedures for processing facility permits to install
(A)
An application notwithstanding any deficiency may be
considered and acted upon if sufficient information is provided for the
permitting authority to determine whether the permit to install requirements
set forth in rule
3745-400-50 of the
Administrative Code are satisfied.
(B)
If the permitting
authority determines that information in addition to that specified in rule
3745-400-50 of the
Administrative Code is necessary to determine whether the criteria set forth in
paragraph (C) of this rule are satisfied, the permitting authority may require
that the applicant supply such information as a precondition to further
consideration of the permit to install application.
(C)
Criteria for
issuance. The permitting authority shall not issue a processing facility permit
to install unless the following criteria are met:
(1)
The applicant for
the permit to install is the owner or operator of the processing facility and,
if the applicant does not own all of the real property upon which the
processing facility is or will be located, has written permission from each
owner to apply for the permit to install.
(2)
The owner or
operator of a processing facility has demonstrated that appropriate
authorizations have been applied for or obtained including but not limited to
authorizations necessary pursuant to Chapters 3704. and 6111. of the Revised
Code.
(3)
The permit to install application complies with rule
3745-400-50 of the
Administrative Code.
(4)
For a processing facility that was not in operation
prior to October 6, 2017 and for a processing facility that was in operation
prior to October 6, 2017 but is proposing to expand the horizontal limits of
construction and demolition debris processing beyond those identified in the
processing facility's registration, the proposed horizontal limits of
construction and demolition debris processing are not located within any of the
following:
(a)
One hundred feet of the property line.
(b)
One hundred feet
of a perennial stream.
(c)
One hundred feet of a category 3
wetland.
(d)
Five hundred feet of an occupied
dwelling.
(5)
Any oil wells and gas wells within the horizontal
limits of construction and demolition debris processing are properly plugged
and abandoned in accordance with Chapter 1509. of the Revised
Code.
(6)
The owner or operator of a processing facility is not
required to conduct final closure in accordance with any applicable closure
requirement.
(7)
The owner and operator of the processing facility is in
substantial compliance with, or on a legally enforceable schedule through
issuance of an administrative order or judicial order to attain compliance with
Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code at
facilities, processing facilities, solid waste facilities, and infectious waste
treatment facilities they own or operate. An owner or operator of a processing
facility is not in substantial compliance with Chapters 3704., 3714., 3734.,
3745., and 6111. of the Revised Code if the owner or operator of a processing
facility has committed a significant or material violation of an environmental
law or has committed numerous, other violations of environmental laws such that
the violations reveal a practice of noncompliance with environmental
laws.
(8)
The owner and operator of the processing facility has
maintained a history of compliance with Chapters 3704., 3714., 3734., 3745.,
and 6111. of the Revised Code by resolving all administrative and judicial
enforcement actions that were brought against them that were based on a
significant or material violation of an environmental law, or were based on
numerous other violations of environmental laws that revealed a practice of
noncompliance with environmental laws, at facilities, processing facilities,
solid waste facilities, and infectious waste treatment facilities they own or
operate or facilities, processing facilities, solid waste facilities, or
infectious waste treatment facilities they previously owned or operated. For
purposes of this rule, an enforcement action has been resolved if the owner or
operator of a processing facility has entered into an administrative order or
judicial order with regard to the violation of environmental laws, or the owner
or operator of a processing facility has adjudicated the issue of whether they
are in violation of environmental laws to finality.
(9)
The owner and
operator of the processing facility exhibit sufficient reliability, expertise,
and competency to operate the processing facility in substantial compliance
with environmental laws in this state as a result of, and including but not
limited to, the assets, employees, equipment, and other resources available at,
and dedicated to, the processing facility.
(D)
Terms and
conditions. The permitting authority may issue a processing facility permit to
install with terms and conditions that the permitting authority finds necessary
to ensure the owner or operator of the processing facility will comply with
Chapter 3714. of the Revised Code and rules adopted thereunder and to protect
public health and safety and the environment.
(E)
Procedures. When
acting on a processing facility permit to install, the permitting authority
shall comply with the following:
(1)
When issuing an initial permit to install, publish a
public notice in a newspaper of general circulation in the county in which the
processing facility is proposed to be located not later than sixty days prior
to issuance.
(2)
When issuing, denying, modifying, transferring, denying
transfer of, or revoking a permit to install, the procedures set forth in rule
3745-500-120 of the
Administrative Code.
(3)
When altering a permit to install, the procedures set
forth in rule
3745-500-150 of the
Administrative Code.
(4)
When administratively changing a permit to install, the
procedures set forth in rule
3745-500-360 of the
Administrative Code.
(5)
When suspending a permit to install, the
following:
(a)
If the director is the permitting authority, the applicable provisions of
Chapters 119., 3714., and 3745. of the Revised Code. If the approved board of
health is the permitting authority, section
3709.20 of the Revised Code and
the applicable provisions of Chapter 3714. of the Revised Code.
(b)
Unless an
emergency exists requiring immediate action to protect public health or safety
or the environment, make the suspension effective only after the permittee has
been given notice in writing of the conditions or violations that need to be
corrected and has been given a reasonable period of time to respond to the
notice to make corrections.
(c)
Execute the
suspension through issuance of a written order that contains at a minimum the
following information:
(i)
The name and contact information of the permittee and
the secondary identification number of the processing facility.
(ii)
The findings
upon which the suspension is based.
(iii)
The effective
date of the order.
(iv)
A notice of appeal rights.
(6)
Reinstate a suspended permit to install through issuance of
a written order that at a minimum contains the following information:
(a)
The name and
contact information of the permittee and the secondary identification number of
the processing facility.
(b)
The findings upon which the reinstatement is
based.
(c)
The effective date of the order.
(d)
A notice of
appeal rights.
(7)
Retain and distribute copies of all authorizing
documents in accordance with rule
3745-500-130 of the
Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.022
Rule Amplifies: 3714.022, 3714.051, 3714.09
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.