Ohio Admin. Code 3745-501-10 - License applications and application procedures
Current through all regulations passed and filed through September 3, 2021
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3734.02
Rule Amplifies: 3714.02, 3714.06, 3734.02, 3734.05, 3734.06
Prior Effective Dates: 04/02/2012
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§ 3745-501-10. License applications and application procedures
(A) License application.
(1) The applicant for a facility license shall be the owner of the facility. If the applicant does not own the real property, the applicant shall be 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 or operator.
(c) Information regarding the property.
(d) Information regarding the operations at the facility.
(e) Any additional information deemed necessary by the director.
(3) An applicant for a C&DD 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, each application for a solid waste facility or infectious waste treatment facility license shall be accompanied by a nonrefundable fee in the amount specified in section 3734.05 or section 3734.81 of the Revised Code. 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 or 3734.81 of the Revised Code 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) A license application shall be submitted to the licensing authority in accordance with the following:
(i) For a facility that has not previously received a license, the applicant shall submit a license application 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 requires 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, the applicant shall submit a license application 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 facililty 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.
Replaces: 3745-501-10(Effective: 7/1/2020 Five Year Review (FYR) Dates: 07/01/2025 Promulgated Under: 119.03 Statutory Authority: 3714.02, 3734.02 Rule Amplifies: 3714.02, 3714.06, 3734.02, 3734.05, 3734.06 Prior Effective Dates: 04/02/2012)