The licensing authority shall not issue a
facility license unless the following criteria are met:
(1) The applicant for the license is the
owner or operator and, if the applicant does not own all of the real property
upon which the facility is or will be located, has written permission from each
owner to apply for the license.
The owner or operator holds a valid permit to install or a registration, if
required by rules adopted under Chapter 3714. or Chapter 3734. of the Revised
(3) In the case of an initial
facility license, the facility has been inspected by Ohio EPA and the approved
board of health, if applicable, and has been determined to be constructed in
accordance with all authorizing documents and applicable rules and is
adequately prepared for operations.
(4) The detail plans have been approved by
the director if required by section
the Revised Code.
(5) The owner or
operator has demonstrated that appropriate approvals and authorizations have
been obtained including but not limited to approvals and authorizations
required pursuant to Chapters 3704. and 6111. of the Revised Code.
The license application conforms to rule
of the Administrative Code, as applicable.
(7) Closure of the facility is not required
by rules adopted under Chapter 3714. or 3734. of the Revised Code or by an
effective order issued by the director, the approved board of health, the
environmental review appeals commission, or a court of competent
(8) The owner or
operator submitted a complete license application for renewal to the licensing
authority by December thirty-first of the current license period.
(9) Financial assurance for the facility has
been established and maintained for closure and post-closure care, as
applicable, and documentation of the financial assurance has been submitted in
accordance with Chapter 3714. or Chapter 3734. of the Revised Code and rules
(10) The owner
and operator, at facilities they own or operate, are in substantial compliance
with, or are on a legally enforceable schedule through issuance of an
administrative consent order or judicial consent order to attain compliance
with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code. An
owner or operator is not in substantial compliance with Chapters 3704., 3714.,
3734., and 6111. of the Revised Code if the owner or operator has committed a
significant or material violation of an environmental law or has committed
numerous, other violations of environmental laws such that the violations
reveal a practice of noncompliance with environmental laws.
(11) The owner and operator, at facilities
they own or operate or facilities they previously owned or operated, have
maintained a history of compliance with Chapters 3704., 3714., 3734., 3745.,
and 6111. of the Revised Code by resolving all administrative and judicial
enforcement actions that were brought against them which were based on a
significant or material violation of an environmental law, or were based on
numerous, other violations of environmental laws that revealed a practice of
noncompliance with environmental laws. For purposes of this rule, an
enforcement action has been resolved if the owner or operator has entered into
an administrative consent order or judicial consent order with regard to the
violation of environmental laws, or the owner or operator has adjudicated the
issue of whether they are in violation of environmental laws to
(12) The owner and
operator exhibit sufficient reliability, expertise, and competency to operate
the facility in substantial compliance with environmental laws in this state as
a result of, and including but not limited to, the assets, employees,
equipment, and other resources available at, and dedicated to, the
For a construction
and demolition debris facility, all portions of the proposed facility meet the
requirements of rule
of the Administrative Code.
For a construction and demolition debris processing facility, the application
demonstrates compliance with the applicable provisions of divisions (E) and (F)
of the Revised Code.
The applicant for a single license governing a
construction and demolition debris facility and a co-located processing
facility is the owner or operator of both the construction and demolition
debris facility and the co-located processing facility.
Grounds for denial. The
licensing authority may deny a license application request for any of the
(1) Any of the criteria in
paragraph (A) of this rule that are applicable to the facility are not
(2) The license application is
incomplete and the applicant has not addressed a notice of deficiency
identified by the licensing authority not later than thirty days after receipt
of the notice of deficiency.
Falsification of any material information that is required to be submitted to a
licensing authority as part of the license application.
(4) A violation of Chapter 3714. or Chapter
3734. of the Revised Code or any rule adopted under those chapters, including a
violation of a term or condition of the facility's license.