Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-550 - Solid Waste Incinerator and Energy Recovery Facilities › Section 3745-550-350 - Permit to install issuance

Current through all regulations passed and filed through July 1, 2024
(A)
								Notwithstanding
			 any deficiency, an application for a permit to install may be considered and
			 acted upon if sufficient information is contained in the detail engineering
			 plans, specifications, and reports for the director to determine whether the
			 criteria set forth in this rule are satisfied.
(B)
								When acting on a
			 permit to install, the director shall follow the appropriate procedures set
			 forth in rule
			 3745-500-120 of the
			 Administrative Code, Chapter
			 3745-49 of the Administrative
			 Code, and section 3734.09 of the Revised Code. The
			 director shall not approve any permit to install application for a facility
			 unless the director determines the following:
(1)
									The owner or
			 operator is capable of operating the facility in compliance with Chapters
			 3704., 3734., 3745., and 6111. of the Revised Code.
(2)
									The owner or
			 operator is capable of constructing, operating, and closing the facility in
			 accordance with the terms and conditions of the permit and this
			 chapter.
(3)
									The facility is not located or proposed to be located
			 in a floodway.
(4)
									The facility is not located or proposed to be located
			 within two hundred feet of any surface waters of the state.
(5)
									The owner or
			 operator has demonstrated substantial compliance in accordance with Chapter
			 3745-501 of the Administrative Code at facilities they own or operate and
			 facilities they previously owned or operated.
(6)
									The applicant
			 meets the requirements of sections
			 3734.40 to
			 3734.47 of the Revised Code and
			 the rules adopted thereunder.
(7)
									The applicant has
			 executed a financial assurance instrument for closure of the facility that
			 meets the criteria established in Chapter 3745-503 of the Administrative
			 Code.
(8)
									The facility is not located or proposed to be located
			 within the boundaries of a park in existence on the date Ohio EPA receives the
			 permit to install application, unless the facility is located or proposed to be
			 located within a park and exclusively manages wastes generated within the
			 park.
(9)
									The facility is not located or proposed to be located
			 within two hundred fifty feet of the following, in existence on the date Ohio
			 EPA receives the permit to install application:
(a)
										Areas designated
			 by the Ohio department of natural resources as either a state nature preserve,
			 a state wildlife area, or a state scenic river.
(b)
										Areas designated,
			 owned, or managed by the Ohio historical connection as a nature
			 preserve.
(c)
										Areas designated by the United States department of the
			 interior as either a national wildlife refuge or a national scenic
			 river.
(d)
										Areas designated by the United States forest service as
			 either a special interest area or a research natural area in the Wayne national
			 forest.
(e)
										Surface waters of the state designated by Ohio EPA as
			 either a state resource water, a coldwater habitat, or an exceptional warmwater
			 habitat in accordance with Chapter 3745-1 of the Administrative
			 Code.
(10)
									The waste handling areas of the facility are not
			 located or proposed to be located within two hundred fifty feet of a domicile
			 in existence on the date Ohio EPA received the permit to install
			 application.
(11)
									All waste handling at the facility will take place
			 inside buildings or structures, or under other methods of cover deemed
			 acceptable by the director.
(12)
									The waste
			 handling floor of the facility conforms to the following:
(a)
										Prevents the
			 infiltration of leachate and is constructed to prevent any unauthorized
			 discharge of leachate from the facility.
(b)
										Readily allows
			 wet or dry cleanup operations.
(c)
										Is sloped to
			 direct leachate to collection points of the leachate management system and will
			 not allow ponding of liquids.
(d)
										Is designed to
			 withstand the forces and weights encountered during normal facility
			 operations.
(e)
										Is accessible to annual visual inspection for cracks
			 and breaks.
(f)
										Is constructed with materials and methods that enable
			 repairs to be made.
(13)
									The leachate
			 control measures are adequate for collection, management, treatment, and
			 disposal of the leachate generated at the facility.
(14)
									If leachate
			 conveyance and storage structures are used, they are designed in accordance
			 with the following:
(a)
										Such that they are capable of being monitored as
			 specified by the director.
(b)
										For storage
			 tanks, with spill containment.
(c)
										For storage
			 structures, with a capacity sufficient to ensure proper operation of the
			 facility.
(15)
									For an application for a new facility proposing to have
			 a notation on the license authorizing infectious waste treatment, the siting
			 criteria contained in division (B)(2)(b) of section
			 3734.021 of the Revised Code
			 have been satisfied.