(A) License
application.
(1) The applicant for a facility
license shall be the owner of the facility or the operator that has written
permission from each property owner to apply for a license.
(2) An application for a facility license
required by rule
3745-501-05
of the Administrative Code shall be made on forms prescribed by the director
and contain at a minimum the following:
(a)
Information regarding the applicant.
(b) Information regarding the owner and
operator.
(c) Information regarding
the property.
(d) Information
regarding the operations at
the
each facility.
(e) Any additional information deemed
necessary by the director.
(3) An applicant for a construction and
demolition debris facility license shall submit three copies of the application
to the licensing authority via certified mail or any other form of mail
accompanied by a receipt.
(B) License application procedures.
(1) Except for a scrap tire collection or
scrap tire storage facility that is owned or operated by a motor vehicle
salvage dealer pursuant to Chapter 4738. of the Revised Code or a construction
and demolition debris facility, each application for a facility license shall
be accompanied by a nonrefundable fee in the amount specified in section
3734.05,
section
3734.81,
or section
3714.06
of the Revised Code, as applicable. For annual renewal license applications
received by a licensing authority between October first and December
thirty-first, the applicant shall pay an additional late fee in the amount
specified in section
3734.05,
section
3734.81,
or section
3714.06
of the Revised Code, as applicable, for each whole or partial week the
application is submitted beyond September thirtieth, which is the application
deadline.
(2) An incomplete
application shall not be considered. Not later than sixty days after receipt of
an incomplete application, the applicant shall be notified of the nature of the
deficiency and of refusal by the director or the approved board of health to
consider the application until the deficiency is rectified and the application
completed.
(3) Signature. An
application for a license shall be signed in accordance with rule
3745-500-50 of the
Administrative Code.
(4) Timeframe
for application submittal.
(a) The applicant
shall submit the license application to the licensing authority in accordance
with the following:
(i) Except for an initial
processing facility license application submitted in accordance with paragraph
(D) of rule 3745-400-02 of the Administrative Code
or
an initial license for a co-located processing facility submitted in accordance
with rule
3745-501-12
of the Administrative Code, for a facility that has not previously
received a license, not later than ninety days prior to the proposed date for
accepting solid waste, infectious waste, or C&DD.
[Comment: Chapter 3734. of the Revised Code specifies an
applicant for a solid waste facility or infectious waste treatment facility
permit to install to concurrently submit an initial application for an
operating license even though the facility is not yet constructed or
operating.]
(ii) For a
facility that will continue operations beyond the expiration date of the
current license, on or before September thirtieth of the year preceding that
for which the renewal license is sought.
[Comment: The owner or operator of a facility undergoing
closure that has ceased waste acceptance and operations prior to December
thirty-first is required to comply with all applicable operational provisions
until the closure has been certified but is not required to submit an
application for renewal of the facility license.]
(b) Any complete facility renewal license
application submitted to the licensing authority between October first and
December thirty-first of the current license period shall be considered by the
licensing authority provided that the license application fee and any
applicable late fees are paid.
(c)
Any renewal license application not submitted to the licensing authority by
December thirty-first of the current license period shall not be considered for
approval or denial, and the facility will be subject to all applicable closure
requirements.
[Comment: Absent any obligation to cease facility operations,
any requirement pursuant to Chapter 3714. or 3734. of the Revised Code and
rules adopted under those chapters, or any administrative or court order, a
current licensee who has filed an application for a renewal license within the
time and in the manner provided in this rule is not required to discontinue
operations in the event that the licensing authority has not taken a final
action on the application.]
(C) The approved board of health shall manage
all license application fees in accordance with the applicable provisions of
Chapters 3714. and 3734. of the Revised Code.
Notes
Ohio Admin. Code
3745-501-10
Effective:
7/4/2022
Five Year Review (FYR) Dates:
4/19/2022 and
07/04/2027
Promulgated
Under:
119.03
Statutory Authority:
3714.02,
3714.022,
3714.09,
3734.02,
3734.08
Rule Amplifies:
3714.02,
3714.022,
3714.06,
3714.09,
3734.02,
3734.05,
3734.06,
3734.08
Prior Effective Dates: 04/02/2012, 07/01/2020, 01/31/2022,
04/18/2022
