Ohio Admin. Code 3745-550-300 - Permit to install

(A) No person shall establish a new facility or modify an existing facility without first obtaining a permit to install for the facility or modification, as appropriate, issued in accordance with this chapter.

(B) An applicant shall submit a permit to install application to the director that contains at a minimum the following:

(1) Plan sheets in accordance with paragraph (D) of this rule and a narrative report in accordance with paragraph (E) of this rule. Detail engineering plans, specifications, and information as specified in this rule shall be sufficiently detailed to allow for technical review of the permit application and to provide assurance that the facility is designed and will be constructed, operated, and closed in accordance with this chapter.

(2) A notarized written statement from each person who holds title to the land on which the facility is or will be located that each titleholder acknowledges that the applicant is submitting a permit to install application and may use the land for the purpose of establishing or operating a facility.

(3) Copies of the letters of intent mailed in accordance with paragraph (F)(5) of this rule.

(4) A notarized certification statement and signature in accordance with rule 3745-500-50 of the Administrative Code.

(C) The applicant shall submit the initial application and any subsequent revisions to the director and board of health where the facility is or will be located. Upon written request from Ohio EPA, the applicant shall submit additional and identically complete copies of the revised application to the director.

(D) Detail engineering plans, specifications, and information for the facility shall be shown on plan sheets by means of drawings and narrative descriptions where appropriate and be signed and sealed by a professional engineer. At a minimum, the detail engineering plans, specifications, and information shall be on plan drawings with minimum dimensions of twenty-four inches by thirty-six inches and include the following:

(1) A cover sheet, numbered sheet 1, that contains the following information:

(a) The name of the facility.

(b) A statement identifying whether the facility is or will be a solid waste incinerator facility or solid waste energy recovery facility.

(c) The precise geographic location and boundary of the facility, shown on a map.

(d) The name, address, and telephone number of both the applicant and the facility operator.

(e) The name and address of each owner of the land to be used for the facility.

(f) The name and address of the person who prepared the plans.

(g) An index of the plan sheets.

(2) Plan sheets, numbered consecutively as sheets 2A, 2B, 2C, etc. that contain information specified in an individual subheading on the same plan drawing. An individual plan drawing may contain information specified in more than one individual subheading. The plan drawings shall show the following items located within the facility boundary and the following items located within five hundred feet of the facility boundary with a scale of one inch equals no greater than one hundred feet, unless another scale is specified:

(a) The property lines of land owned or leased for the facility as determined by a property survey conducted by a professional surveyor as evidenced by the signature and seal of the professional surveyor.

(b) All public roads, railroads, and occupied structures.

(c) Existing topography showing vegetation and surface waters of the state with a contour interval no greater than five feet.

(d) The north arrow.

(e) All existing land uses, zoning classifications, property owners, political subdivisions, and communities.

(f) All existing domiciles.

(g) The limits of the regulatory floodplain.

(h) Parks, state nature preserves, state wildlife areas, national and state scenic rivers, any national wildlife refuge, special interest areas, research natural areas in the Wayne national forest, and state resource waters, coldwater habitats, and exceptional warmwater habitats.

(3) Plan sheets, numbered consecutively as sheets 3A, 3B, 3C, etc. that contain information specified in an individual subheading on the same plan drawing. An individual plan drawing may contain information specified in more than one individual subheading. The plan drawings shall show the following items located within the facility boundary and the following items located within two hundred fifty feet of the facility boundary with a scale of one inch equals no greater than fifty feet, unless another scale is specified:

(a) The location of all existing or proposed waste handling areas, areas designated for recycling activities, maintenance buildings, weighing facilities, storage buildings, and occupied structures.

(b) The location of existing or proposed utilities including water, sewerage and sewage treatment, electricity, gas, and telephone or other utility company easements on or bordering the facility.

(c) The location of all existing and proposed fencing, gates, and natural or other screening on the facility. Contour intervals need not be delineated if such locations are shown on an aerial photograph.

(d) Existing and proposed constructed topography of the facility with contour lines at an interval no greater than five feet.

(4) Plan sheets, numbered consecutively as sheets 4A, 4B, 4C, etc. that contain surface water drainage information and indicate the vertical and horizontal scales used on plan drawings. The plan drawings shall show the following items located within the facility boundary and within five hundred feet of the facility boundary:

(a) The existing direction of flow and points of concentration of all surface waters.

(b) Drainage plans that show the following:

(i) Grades.

(ii) Natural swales and streams and existing or proposed diversion trenches.

(iii) Any special drainage devices to be used for control of surface erosion.

(5) Plan sheets, numbered consecutively as sheets 5A, 5B, 5C, etc. that show the following:

(a) The location of incinerator and energy recovery equipment.

(b) The location of associated equipment including waste processing, waste feed, ash removal, and air pollution control systems.

(c) The location of on-site solid waste handling areas, including areas designated for recycling activities and ash handling areas.

(d) The direction of prevailing winds during each season.

(e) Traffic patterns, including on-site and access roads.

(f) Cross sections of all surfaces and structures on or in which solid wastes will be placed prior to or during handling that describe the methods and materials proposed for construction of each surface and structure and that are drawn at an interval of not less than fifty feet.

(6) For a facility that is proposing to treat infectious waste, in addition to the specifications of paragraphs (D)(1) to (D)(5) of this rule, plan sheets with plan drawings that clearly delineate all infectious waste handling areas and show the following:

(a) The distance between the infectious waste handling area and the property line of the premises where the facility will be located.

(b) All domiciles, schools, jails, and prisons located within one thousand feet of the infectious waste handling area.

(E) Narrative report. The following information shall be presented in narrative form and signed and sealed by a professional engineer:

(1) A summary of the site environs and an explanation of how the facility will meet the criteria for approval specified in rule 3745-550-350 of the Administrative Code.

(2) A discussion of the following:

(a) The equipment to be used in the operation and maintenance of the facility including the following:

(i) The types of vehicles that will be used to deliver, handle, and remove wastes, including ash.

(ii) The performance capabilities, the waste processing rate if applicable, and the principal specifications of each piece of powered equipment to be used for loading, unloading, handling, or processing of wastes, including charging and ash removal.

(iii) The capacity and type of each container to be used to store wastes, including the ash and recycled materials.

(b) The proposed hours of operation.

(3) A discussion of the following operational information:

(a) The AMDWR requested for the facility.

(b) The order of the facility's operations and the methods and processing rates for conducting all activities including but not limited to unloading, loading, sorting, handling, storage, compacting, baling, shredding, and crushing; processing rates and order of operations; charging and operation; ash removal procedures; operational methods used to handle bulky or dusty materials; and any other processing operations.

(c) Traffic patterns at the facility.

(d) Inspection procedures to prevent accepting prohibited wastes and wastes that may present operational problems.

(e) The following control measures:

(i) The collection, containment, removal, and disposal of leachate, and methods to prevent leachate from entering surface or ground waters.

(ii) Methods to prevent precipitation; surface waters; and birds, insects, rodents, and other vectors from reaching wastes on site.

(iii) Measures to control fire, explosion, dust, odor, scavenging, erosion, and blowing litter.

(f) Recycling procedures to be conducted on site, if any.

(4) The following plans:

(a) Ash management plans that comply with applicable state and federal testing, analysis, and management requirements.

(b) A final closure plan that at a minimum meets the requirements for final closure specified in rule 3745-550-700 of the Administrative Code and contains the following information:

(i) A schedule and description of the steps necessary to close the facility in accordance with rule 3745-550-700 of the Administrative Code.

(ii) The name, address, and telephone number of the person to contact regarding the facility during the final closure period.

(5) The following financial assurance information:

(a) The closure cost estimate that includes the cost of removal and disposal of waste, including ash, based on the maximum amount of waste that can be stored in the waste handling area.

(b) The estimated cost of removal and disposal of leachate.

(c) The estimated cost of compliance with the closure requirements in rule 3745-550-700 of the Administrative Code.

(d) For establishment of a facility or a modification pursuant to paragraph (M)(2) of rule 3745-550-02 of the Administrative Code, a draft of the final closure financial assurance instrument to be executed and funded prior to waste acceptance.

(e) Financial assurance information as specified in Chapter 3745-503 of the Administrative Code.

(F) Concurrent to submitting the permit to install application, the applicant shall also do the following:

(1) Submit to the director the nonrefundable application fee as established in Chapter 3734. of the Revised Code.

(2) Apply for a license from the licensing authority.

(3) Submit a disclosure statement to the director and to the attorney general's office as specified in rules 109:6-1-01 to 109:6-1-04 of the Administrative Code.

(4) Submit written notification of intent to site a solid waste incinerator facility or solid waste energy recovery facility to the Ohio EPA division of air pollution control and the Ohio EPA division of surface water and a written request for information pertaining to any regulatory requirements under Chapter 3704. or 6111. of the Revised Code.

(5) Mail letters of intent via certified mail or any other form of mail accompanied by a receipt that describe the intended establishment or modification of a facility and include a description of property and facility boundaries to the following entities:

(a) The governments of the general purpose political subdivisions where the facility is or will be located including but not limited to local health departments, county commissioners, and the legislative authority of a municipal corporation or the board of township trustees.

(b) The single or joint county solid waste management district in which the facility is or will be located.

(c) The owner or lessee of any easement or right of way bordering or within the proposed facility boundaries.

(d) The local zoning authority having jurisdiction.

(e) The local air pollution planning authority having jurisdiction.

(f) The park system administrator, if any part of the facility is or will be located within or shares the park boundary.

(g) The conservancy district, if any part of the facility is or will be located within or shares the conservancy district boundary.

(h) The fire department having responsibility for providing fire control services where the facility is or will be located.

(G) If the director determines that additional information is necessary, the applicant shall supply such information as a precondition to further consideration of the permit to install application.

Notes

Ohio Admin. Code 3745-550-300

Effective: 4/4/2024
Five Year Review (FYR) Dates: 1/8/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.021, 3734.73
Rule Amplifies: 3734.02, 3734.021, 3734.73
Prior Effective Dates: 05/31/1991, 07/30/1995, 03/01/1996, 07/01/2004, 01/31/2022, 01/08/2023