Ohio Admin. Code 3745-555-10 - General obligations for owners, operators, and applicants
(A) An applicant
for an authorizing document, and an owner or operator that has obtained a
permit to install or a license for a solid waste transfer facility pursuant to
rules adopted under section
3734.02 of the Revised Code,
shall comply with this chapter. The owner or operator of a transfer facility
that accepts exclusively source-separated yard waste for transfer shall comply
with this chapter. Compliance with this chapter does not relieve any person
from the obligation to comply with any applicable statute, rule, or authorizing
document.
[Comment: The owner or operator of a transfer facility who has established a solid waste transfer facility by obtaining a license to operate a solid waste transfer facility prior to May 31, 1991 (the effective date of rules adopted under division (A) of section 3734.02 and under division (D) of section 3734.12 of the Revised Code which require that no person shall establish a new solid waste transfer facility without first submitting an application for a permit) and did not modify the transfer facility after that date, is not required to obtain a permit to install, unless such owner or operator modifies the existing solid waste transfer facility.]
(B) No person shall operate a solid waste
transfer facility without first obtaining a license to operate the solid waste
transfer facility issued by the licensing authority. This requirement does not
apply to a transfer facility that accepts exclusively source-separated yard
waste for transfer.
(C) An owner or
operator of a solid waste transfer facility shall obtain, maintain, and comply
with all applicable permits and authorizations required by Chapters 3704. and
6111. of the Revised Code for the solid waste transfer facility.
(D) No person shall establish a new solid
waste transfer facility or modify an existing solid waste transfer facility
without first obtaining a permit to install issued in accordance with rule
3745-555-300 of the
Administrative Code. This requirement does not apply to a transfer facility
that accepts exclusively source-separated yard wastes for transfer.
(E) An owner or operator of a solid waste
transfer facility shall maintain compliance with all permits to install, permit
modifications and permit alterations, licenses, and orders issued in accordance
with Chapter 3734. of the Revised Code and rules adopted thereunder.
(F) Except as provided in rule
3745-512-51 of the
Administrative Code (alterations during construction), no person shall alter a
solid waste transfer facility without first obtaining concurrence from Ohio EPA
for an alteration to the permit to install for the solid waste transfer
facility.
(G) If the director
orders the owner or operator to submit updated engineering detail plans,
specifications, and information in accordance with division (A)(5) of section
3734.05 of the Revised Code, and
no permit to install was issued pursuant to Chapter 3734. of the Revised Code,
the owner or operator shall submit an application for a permit to install in
accordance with rule
3745-555-300 of the
Administrative Code as though the solid waste transfer facility were being
established as a new transfer facility.
(H) The permit to install shall remain in
effect until the director has received, and approved in writing, certification
that all required final closure activities were completed, unless the permit
has expired in accordance with rule
3745-500-330 of the
Administrative Code or was revoked in accordance with rule
3745-500-350 of the
Administrative Code.
(I) The owner
or operator of a solid waste transfer facility may request the director to make
an administrative change to the permit to install in accordance with rule
3745-500-360 of the
Administrative Code.
(J)
The owner or operator of a recycling facility that
recycles less than sixty per cent of the weight of solid waste received in any
nine months during a rolling twelve-month period, or which no longer meets the
definition of a legitimate recycling facility, shall submit a written
notification to Ohio EPA of the intent to submit a permit to install
application for a solid waste transfer facility in accordance with rule
3745-555-300 of the
Administrative Code not later than ninety days after such triggering event,
unless the owner or operator of the recycling facility immediately ceases waste
acceptance and lawfully disposes of all remaining waste not later than ninety
days after after such triggering event.
(1)
An owner or
operator of a recycling facility who submitted a notification in accordance
with paragraph (J) of this rule may continue to accept solid waste for not more
than three hundred sixty-five days after such triggering event, unless extended
by Ohio EPA, if the owner or operator of a recycling facility meets both of the
following:
(a)
Has submitted a solid waste transfer facility permit to
install application not later than one hundred eighty days after submittal of
the notification.
(b)
Complies with the operational requirements contained in
paragraphs (I) to (K) of rule
3745-555-610 of the
Administrative Code.
(2)
Failure to comply
with paragraph (J) of this rule may constitute open dumping.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02
Rule Amplifies: 3734.01, 3734.02
Prior Effective Dates: 04/01/2017
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