Ohio Admin. Code 3745-400-58 - Processing facility operations
(A)
The owner or
operator of a processing facility shall comply with this rule until final
closure has been deemed complete in accordance with rule 3745-400-60 of the
Administrative Code.
(B)
Construction requirements for processing facility
components. Prior to acceptance of construction and demolition debris, the
owner or operator of a processing facility shall construct the processing
facility in accordance with the facility design plan authorized in the permit
to install and the following specifications:
(1)
Construct and
maintain roads to allow use in all weather conditions, withstand the
anticipated degree of use, and allow passage of loaded vehicles with minimum
dust generation or erosion. The owner or operator of a processing facility
shall employ measures necessary to minimize the incidence of mud, dirt, and
dust on public roads before vehicles leave the processing
facility.
(2)
For a processing facility with horizontal limits of
construction and demolition debris processing within five hundred feet of an
occupied dwelling that is not owned by the owner or operator of the processing
facility, construct and maintain a barrier to minimize visibility of the
processing facility operations. The owner or operator of a processing facility
shall construct the barrier on sides of the horizontal limits of construction
and demolition debris processing with occupied dwellings in existence at the
time the initial permit to install application was submitted.
(3)
Post and maintain
signs that are visible and legible from all access roads leading in to the
processing facility that include the following:
(a)
A listing of
prohibited materials.
(b)
Telephone numbers for emergency personnel including the
local fire department.
(c)
Telephone number for the local board of
health.
(d)
Telephone number for the appropriate Ohio EPA district
office.
(e)
Name and telephone number of the processing facility
emergency contact.
(4)
Construct and
maintain a working surface that supports processing and transferring
operations. The working surface may be constructed of concrete, asphalt
concrete, gravel, clay, soil, or any other material capable of supporting the
weight of all material and equipment placed on the working surface during
processing and transferring operations.
(C)
Prohibited
materials. The owner or operator of a processing facility shall not accept
prohibited materials and remove any prohibited materials from the processing
facility as soon as practical. If prohibited materials are detected in incoming
debris, the owner or operator of the processing facility shall reject the
entire load. Prohibited materials include but are not limited to the
following:
(1)
Pulverized debris.
(2)
Hazardous
waste.
(3)
Infectious waste.
(4)
Containerized
bulk liquids.
(5)
Asbestos materials subject to NESHAP, 40 C.F.R. Part
61, Subpart M.
(6)
Solid waste.
(D)
Operations. The
owner or operator of a processing facility shall conduct operations at the
processing facility as follows:
(1)
Within the horizontal limits of construction and
demolition debris processing as identified in the effective permit to install
issued for the processing facility.
(2)
On a working
surface constructed and maintained in accordance with paragraph (B)(4) of this
rule.
(3)
Deposit incoming loads of debris that will be processed
at the processing facility in a designated area, inspect the debris, and remove
all prohibited materials at the time of deposition.
(4)
Ensure the total
volume of mixed construction and demolition debris at the processing facility
at any time does not exceed the maximum volume of mixed construction and
demolition debris authorized in the effective permit to install issued for the
processing facility.
(5)
Ensure the maximum dimensions of each pile at the
processing facility do not exceed the maximum dimensions authorized in the
effective permit to install issued for the processing facility.
(6)
Store mixed
construction and demolition debris at the processing facility for no longer
than one year after acceptance.
(7)
Ensure equipment
of adequate size and quantity for the operations of the processing facility is
available at all times during operating hours.
(8)
Employ all
reasonable measures to collect, properly contain, and dispose of scattered
litter at the processing facility, including frequent policing of the area and
the use of portable wind screens where necessary.
(9)
Divert surface
water from the construction and demolition debris processing area by
non-mechanical means. The owner or operator of a processing facility shall not
divert surface water under, over, or through processing or staging
areas.
(10)
Direct any surface water leaving the construction and
demolition debris processing area to surface water drainage and sediment
control structures.
(11)
Immediately containerize and cover solid waste at the
processing facility and remove all solid waste from the processing facility and
transport it to a licensed solid waste disposal facility or a licensed solid
waste transfer facility at a minimum monthly.
(12)
In a manner that
prevents the attraction or breeding of birds, insects, rodents, and other
vectors.
(13)
In a manner that prevents a nuisance or health hazard
from noise, dust, or odors generated at the processing
facility.
(14)
In compliance with the fire prevention and response
plan prepared in accordance with paragraph (H) of this rule and with the
applicable requirements in Chapter 1301:7-7 of the Administrative
Code.
(15)
Upon request by the director or approved board of
health, conduct a topographic survey and submit the survey results to the
director or approved board of health, as applicable, each year in the month of
September.
(E)
Daily log of operations.
(1)
The owner or
operator of a processing facility shall maintain a daily log of operations on a
form prescribed by the director, or an alternate form pursuant to paragraph
(E)(2) of this rule, that includes the following information for each day the
processing facility is in operation:
(a)
A record of each
load that was accepted, including the size of the load specified in volume or
by weight and the origin of the load.
(b)
A record of each
load that was removed from the processing facility, including the size of the
load specified in volume or by weight, the contents of the load, and the
destination of the load.
(c)
A record of each load that was rejected and the reason
for the rejection.
(d)
The name and secondary identification number of each
certified or interim operator who was available.
(2)
The owner or
operator of a processing facility may use an alternate form, either in paper or
electronic formats, for the daily log of operations provided that all of the
information requested on the prescribed form is present. Not later than
fourteen days prior to the use of the alternate form, the owner or operator of
the processing facility shall submit the alternate form to the appropriate Ohio
EPA district office and as applicable the approved board of health. The owner
or operator of the processing facility may use the alternate form not sooner
than fourteen days after the date the appropriate Ohio EPA district office has
received the alternate form, unless Ohio EPA has sent written notification to
the owner or operator of the processing facility that the alternate form is
unacceptable. The owner or operator of the processing facility may return to
the form prescribed by the director at any time without
notification.
(3)
The owner or operator of a processing facility shall
submit daily log forms or summaries of the daily logs to the Ohio EPA or the
approved board of health upon request.
(F)
The owner or
operator of a processing facility shall maintain all records, including a copy
of all effective authorizing documents and the daily log operations, for a
minimum of five years and make the records available for inspection by Ohio EPA
and the approved board of health, if applicable, during operating
hours.
(G)
Certified operator.
(1)
Prior to
accepting construction and demolition debris, the owner or operator of a
processing facility shall submit to the licensing authority the name and
secondary identification number, if applicable, of each certified operator or
interim operator employed in accordance with paragraph (G)(3) of this rule and
ensure that a certified operator or interim operator is at the processing
facility or reasonably available each day during operations. The certified
operator shall be responsible for the following:
(a)
Overseeing all
operations at the processing facility.
(b)
Being thoroughly
familiar with proper operating procedures, all applicable authorizing
documents, and this rule.
(c)
Reviewing and signing the completed daily log for each
day of processing facility operation.
(2)
The owner or
operator of a processing facility shall update the name and secondary
identification number, if applicable, of each certified operator or interim
operator when any name, certification status, or employment change occurs and
submit a copy of the updated name and secondary identification number, if
applicable, to the licensing authority not later than thirty days after a
change is made. A copy of the effective operator certificate for each certified
operator shall be kept at the processing facility and made available to Ohio
EPA and the approved board of health upon request.
(3)
Interim operator.
The owner or operator of a processing facility may designate an interim
operator to meet the requirements of paragraph (G)(1) of this rule for not more
than three hundred sixty-five days.
(a)
The owner or operator of a processing facility that
designates an interim operator shall notify the licensing authority in writing
not later than ten days after designation of an interim operator. At a minimum,
the notification shall contain the following:
(i)
The name,
address, and qualifications in accordance with paragraph (B)(2)(a) of rule
3745-400-26
of the Administrative Code of the interim operator.
(ii)
The duration
that the owner or operator of the processing facility intends to have an
interim operator in place.
(iii)
An explanation
describing the reasons for the utilization of the interim
operator.
(b)
If an interim operator violates any provision of
Chapter 3714. of the Revised Code or the rules adopted thereunder, the director
may prohibit the interim operator from continuing as an interim operator after
conducting an investigation and hearing in accordance with Chapter 119. of the
Revised Code, prohibit the interim operator from obtaining operator
certification, or both.
(H)
Fire prevention
and response plan. The owner or operator of a processing facility shall
implement the fire prevention and response plan approved in the effective
permit to install that includes at a minimum the following information and
submit a copy of the fire prevention and response plan to the local fire
department:
(1)
Emergency contact information for the processing
facility.
(2)
A letter from the local fire department stating that
the department will respond to fires at the processing
facility.
(3)
Guidelines for handling debris that is burning or at a
temperature likely to cause a fire.
(4)
Procedures for
responding to a fire including notifications, operation of fire equipment, and
evacuation routes.
(5)
Documentation of adequate fire control equipment,
material, and services available to be employed immediately upon occurrence of
a fire at the processing facility.
(6)
Maintenance
schedules and documentation of maintenance performed on fire control
equipment.
(7)
A map showing the location of fire hydrants and other
fire control equipment within the processing facility boundary.
(I)
Access. The owner or operator of a processing facility shall
limit access to the processing facility to prevent interference with proper
operating procedures in a manner that ensures the following:
(1)
Access to the
processing facility is restricted to authorized personnel only during
non-operating hours.
(2)
Scavenging is prohibited. For the purposes of this
rule, scavenging is the extraction or removal of material from a processing
facility by a person unauthorized by the owner or operator of the processing
facility.
(3)
Access to the processing facility is granted to Ohio
EPA, the approved board of health, if applicable, and any authorized
representatives who, upon proper identification, may enter the processing
facility at reasonable times to determine compliance with Chapter 3714. of the
Revised Code and rules adopted thereunder.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.022
Rule Amplifies: 3714.022, 3714.051, 3714.06, 3714.062, 3714.08, 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.