Ohio Admin. Code 3745-501-20 - Procedures for the licensing authority for reviewing and considering license applications

(A) If a license application is incomplete, the licensing authority shall, not Not later than sixty days after the receipt of an incomplete application, the licensing authority shall notify the applicant of the nature of the deficiency. Not later than thirty days after receipt of the notice of deficiency, if the applicant has not resubmitted a complete application to the licensing authority, the licensing authority may deny the incomplete application. An application is complete when the application contains all of the information that the applicable statute and rules require to be submitted, including such other information as the licensing authority may reasonably require to determine that the application satisfies the requirements of the applicable statute and rules.

(B) Not later than sixty days prior to issuing a license, the licensing authority shall inspect the facility and certify that the owner and operator are in substantial compliance with Chapter 3714. or Chapter 3734. of the Revised Code and the rules adopted thereunder.

(C) Procedure.

(1) When acting upon a facility license, the licensing authority shall follow the applicable procedures set forth in rule 3745-500-120 of the Administrative Code.

(2) In deciding whether to issue or deny a license, the licensing authority shall comply with rule 3745-501-15 of the Administrative Code.

(3) A renewal license application shall not be considered for issuance or denial for a facility where the owner or operator is required to conduct closure requirements in accordance with any applicable closure rule or where the owner or operator has failed to submit the license application to the licensing authority by December thirty-first of the current license period.

(4) Timeframes for license actions. The licensing authority shall either issue or deny a license as follows:

(a) For a renewal license, not later than ninety days after the date upon which a complete application is received.

(b) For a facility not previously licensed, not later than forty-five days after written concurrence from Ohio EPA and the approved board of health, if applicable, indicating that the site has been inspected and is prepared for operations pursuant to paragraph (A)(3) of rule 3745-501-15 of the Administrative Code.

(5) Terms and conditions. A licensing authority may impose such special terms and conditions as are necessary to protect public health and safety and the environment and to ensure that an owner and operator of a facility will comply with Chapter 3714. or Chapter 3734. of the Revised Code and the rules adopted thereunder.

(D) Requirements after license issuance.

(1) For a C&DD construction and demolition debris facility or construction and demolition debris processing facility, upon issuance of a license, the licensing authority shall stamp all copies of the license application and approved plans, specifications, and information with the date of license issuance.

(2) Copies of the signed license and stamped copies of the license application and approved plans, specifications, and information shall be retained and distributed by the licensing authority in accordance with rule 3745-500-130 of the Administrative Code.

(E) License fees. For a solid waste facility or , an infectious waste treatment facility, or a construction and demolition debris processing facility, the licensing authority shall collect the required license fees, including any applicable late fees, and manage those funds in accordance with the applicable sections of Chapter Chapters 3714. and 3734. of the Revised Code and the rules adopted thereunder.

Notes

Ohio Admin. Code 3745-501-20

Effective: 4/18/2022
Five Year Review (FYR) Dates: 7/1/2025
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3714.022, 3734.02, 3734.12
Rule Amplifies: 3714.02, 3714.022, 3714.06, 3714.09, 3734.02, 3734.05, 3734.07, 3734.08, 3734.12
Prior Effective Dates: 04/02/2012, 07/01/2020