(A) An application for a variance for a solid
waste facility shall include the following:
(1) The provision or provisions of the state
law for which the variance is requested.
(2) Information regarding the reason and
justification for the variance.
(3)
Any other pertinent data regarding the application required by the
director.
(4) 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) The director shall issue, renew, 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.
(D) The director shall not issue or renew a
variance for a solid waste 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
the following:
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. of the Revised Code and rules adopted thereunder.
(1) 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. of the Revised Code and rules adopted thereunder.
(2) Be functionally equivalent to
the applicable rule requirement. To be functionally equivalent, the alternative
shall perform the same function and provide the same or improved utility as is
required by the applicable rule.
(E) When issuing a variance for a solid waste
facility, the director shall act in accordance with Chapters 119., 3734., and
3745. of the Revised Code, as applicable.
