Ohio Admin. Code 3745-500-210 - Variances for solid waste facilities and infectious waste

(A) An applicant submitting an application for a variance for a solid waste facility, infectious waste treatment facility, or infectious waste generator shall complete the application on forms prescribed by the director and at a minimum include the following:

(1) The provision or provisions of the state law for which the variance is requested.

(2) Detailed plans and specifications applicable to the variance request.

(3) Information regarding the objectives, procedures, and controls applicable to the variance request.

(2)(4) Information regarding the reason and justification for the variance.

(3)(5) Any other pertinent information and data regarding the application required by the director.

(4)(6) A certification statement and signature in accordance with rule 3745-500-50 of the Administrative Code.

(B) In accordance with division (S)(1) of section 3745.11 of the Revised Code, the nonrefundable fee shall be paid at the time the application for a variance is submitted. If the application for a variance is part of an application for a permit to install, the variance application fee shall be paid in addition to the permit to install application fee.

(C)(B) The director shall issue, renew, modify, revoke, suspend, rescind, or deny an application for a variance or renewal of a variance for a solid waste facility not later than six months after the date upon which the director receives a complete application with all pertinent information and data required unless the application for a variance is part of an application for a permit to install. If an application for a variance is part of an application for a permit to install, the director shall issue, renew, or deny an application for a variance or renewal of a variance concurrent with a final or proposed action on the permit to install application in accordance with section 3734.02 of the Revised Code.

(D)(C) The director shall not issue or , renew, modify, revoke, suspend, rescind, or deny a variance for a solid an infectious waste treatment facility unless the applicant demonstrates to the director's satisfaction that construction, operation, and closure activities of the solid waste facility, in the manner approved by the variance and any terms or conditions imposed as part of the variance, does not create a nuisance or a hazard to public health or safety or the environment nor be likely to result in a violation of any other requirements of Chapters 3704., 3714., 3734., and 6111. or an infectious waste generator in accordance with division (F) of section 3734.021 of the Revised Code and rules adopted thereunder.

(E)(D) When issuing or renewing a variance for a solid waste facility in accordance with this rule, the director shall act in accordance with Chapters 119., 3734., and 3745. of the Revised Code, as applicable.

Notes

Ohio Admin. Code 3745-500-210

Effective: 4/6/2025
Five Year Review (FYR) Dates: 10/17/2024 and 04/06/2030
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.021
Rule Amplifies: 3734.02, 3734.021
Prior Effective Dates: 04/02/2012, 04/01/2017, 10/01/2018