Ohio Admin. Code 3745-599-400 - Harbor sediment authorization
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations,
,
federal rules, and federal statutory provisions referenced in this
rule, see rule
3745-599-03 of the
Administrative Code titled "Beneficial use and harbor sediment authorization -
incorporation by reference."]
(A) Upon
consideration of the criteria set forth in rule
3745-599-410 of the
Administrative Code, the director may issue or renew a harbor sediment
authorization for lake Erie dredge that is not a hazardous waste and that is
unlikely to create a nuisance or adversely affect public health, safety, or the
environment. Lake Erie dredge that is covered by and managed in accordance with
an effective harbor sediment authorization is neither a solid waste nor an
other waste for the purposes of Chapters 3734. and 6111. of the Revised Code,
except to the extent that earthen materials are regulated pursuant to those
chapters. A harbor sediment authorization may include but is not limited to the
following:
(1) Requirements pertaining to the
management and storage of lake Erie dredge during handling of the lake Erie
dredge, including setbacks and isolation distances. At a minimum, the director
may consider the following in determining appropriate requirements:
(a) Ohio environmental protection agency's
"Rainwater and Land Development Manual."
(b) United States environmental protection
agency's internet-based resources relating to BMPs for erosion and
sedimentation, including the sector specific "Industrial Storm Water Fact Sheet
Series."
(c) United States
environmental protection agency's "National Menu of Best Management Practices
(BMPs) for Stormwater."
(d) United
States environmental protection agency's "National Management Measures to
Control Nonpoint Source Pollution from Urban Areas,
EPA-841-B-05-004."
(e) Ohio
hydrologic soil groups.
(f)
Precipitation forecasts.
(g) Soil
temperatures.
(h) Other BMPs listed
in Chapter 3745-40 of the Administrative Code.
(2) Testing and sampling
requirements.
(3) Record keeping
and reporting requirements.
(4) The
identification of the lake Erie dredge covered under the harbor sediment
authorization, including the geographic location and timeframe during which the
lake Erie dredge is excavated.
(5)
Expiration procedures.
(6) Renewal
procedures.
(B)
Administrative change. The director may make an administrative change to a
harbor sediment authorization to correct typographical errors.
(C) Modification. The director may modify a
harbor sediment authorization in response to changes in applicable laws, rules,
or other factors affecting compliance with the terms and conditions of the
harbor sediment authorization.
(D)
Suspension or revocation.
(1) Suspension. The
director may suspend a harbor sediment authorization if the director determines
that an emergency exists requiring immediate action to protect the public
health or safety or the environment. The director may issue an emergency order,
without notice or hearing, reciting the existence of the emergency and
requiring that such action be taken as necessary to meet the emergency. The
emergency order shall take effect immediately. Any person to whom the emergency
order is directed shall comply immediately, but on application to the director
shall be afforded a hearing as soon as possible and not later than thirty days
after application. On the basis of the hearing, the director shall continue the
emergency order in effect, revoke, or modify the emergency order. No emergency
order shall remain in effect for more than one hundred twenty days after
issuance.
(2) Revocation. The
director may revoke a harbor sediment authorization during the authorization's
term if any of the following occur:
(a) A
change in applicable laws, rules, or other factors affecting compliance with
the terms and conditions of the harbor sediment authorization.
(b) The director finds that the relevant data
and available information no longer supports issuance of a harbor sediment
authorization for the lake Erie dredge.
(c) The director determines that a nuisance
or an adverse impact to public health, safety, or the environment has occurred
or is likely to occur from the lake Erie dredge covered by the harbor sediment
authorization.
(d) A constituent of
concern is identified that has not been evaluated when issuing or renewing the
harbor sediment authorization.
(e)
If at any time the lake Erie dredge to which the harbor sediment authorization
applies no longer meets the criteria set forth in rule
3745-599-410 of the
Administrative Code. If revocation occurs pursuant to this paragraph,
evaluation of the lake Erie dredge is required prior to issuance of a new
harbor sediment authorization.
(3) If the director proposes to revoke a
harbor sediment authorization, the director shall public notice the proposed
revocation in accordance with Chapter 3745-49 of the Administrative
Code.
(4) Except as provided in
paragraph (E) of this rule, if the director suspends or revokes a harbor
sediment authorization, any lake Erie dredge identified in the harbor sediment
authorization shall be considered a solid waste or an other waste as provided
in Chapters 3734. and 6111. of the Revised Code and the rules adopted
thereunder.
(E) Lake
Erie dredge that has been land applied or removed from a sediment processing
facility for distribution or use while covered under an effective harbor
sediment authorization may be regulated pursuant to Chapter 3734. or 6111. of
the Revised Code only to the extent that earthen materials are regulated
pursuant to those chapters.
Notes
Promulgated Under: 119.03
Statutory Authority: 3734.02, 6111.03, 6111.32, 6111.34
Rule Amplifies: 3734.01, 3734.02, 6111.01, 6111.03, 6111.32, 6111.33, 6111.34
Prior Effective Dates: 02/25/2019
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