Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-27 - Solid Waste and Infectious Waste Regulations › Section 3745-27-05 - Applicability and relation to other laws

Current through all
			 regulations passed and filed through July 1, 2024
(A) Disposal of solid waste under Chapter
			 3734. of the Revised Code shall only be by the following methods or a
			 combination thereof:
(1) Disposal at a
			 sanitary landfill facility licensed in accordance with section
			 3734.05 of the Revised
			 Code.
(2) Incinerating at an
			 incinerator licensed in accordance with section
			 3734.05 of the Revised
			 Code.
(3) Composting at a
			 composting facility licensed or registered in accordance with section
			 3734.05 of the Revised
			 Code.
(4) Alternative disposal
			 methods either as engineered fill or land application, provided that the
			 applicant has received prior authorization from the director that use as
			 engineered fill or land application of the solid wastes will not create a
			 nuisance or harm human health or the environment and is capable of complying
			 with other applicable laws.
(a) A request for
			 an alternative disposal method authorization shall provide the following
			 information:
(i) The name and address of the
			 applicant or the person responsible for the disposal, the generator, the parcel
			 number where disposal will occur, and the land owner. The applicant shall
			 certify that the application is true and complete.
(ii) A description of efforts at the original
			 source of generation to prevent or reduce the generation of the waste, and
			 efforts to recycle or reuse the waste in a manner other than
			 disposal.
(iii) A waste
			 characterization. The waste generator shall provide an analysis of the solid
			 waste and a justification as to why the parameters were chosen. The generator
			 shall certify that the analysis is true, accurate, and representative of the
			 solid waste.
(iv) The method of
			 alternative disposal and how the waste will be used or applied.
(v) The quantity of solid waste, rate of
			 disposal, disposal timeframes, and the projected impact of recurrent
			 applications of wastes over time.
(vi) A plan drawing of the proposed limits
			 for solid waste disposal. If Ohio EPA determines that narrative or plan
			 drawings are necessary to characterize the waste disposal location and the
			 surrounding environs to evaluate nuisance creation, harm to human health or the
			 environment, and the capability of complying with other applicable laws, the
			 applicant shall supply such information as a precondition to further
			 consideration of the request.
(vii)
			 A signed written consent from the generator and land owner to the use of the
			 solid waste in the project and to the location of disposal.
(viii) A contingency plan for disposal of any
			 solid waste brought to the property that is not acceptable or is otherwise not
			 disposed of on the property.
(ix) A
			 description of other projects, if known, where the waste has been used.
[Comment: Forms are available from Ohio EPA for alternative
				disposal method authorization requests.]
(b) Any engineering information provided in
			 the request shall be signed and sealed by a professional engineer registered in
			 the state of Ohio.
(c) Ohio EPA may
			 require other such information deemed necessary to determine that the activity
			 will be in compliance with the applicable laws and regulations administered by
			 the director.
(d) Signatures
			 pursuant to paragraphs (A)(4)(a)(i), (A)(4)(a)(iii) and (A)(4)(a)(vii) of this
			 rule shall be by the following:
(i) In the
			 case of a corporation, by a principal executive officer of at least the level
			 of vice president, or 
											a duly authorized representative.
(ii) In the case of a partnership, by a
			 general partner.
(iii) In the case
			 of a sole proprietorship, by the owner.
(iv) In the case of a municipal, state,
			 federal or other governmental entity, by the principal executive officer, the
			 ranking elected official, or other duly authorized employee.
(5) For technologically
			 enhanced naturally occurring radioactive material (TENORM), in accordance
			 Chapter 3734. of the Revised Code and the rules adopted thereunder.