Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-503 - Criteria for approval and denial of a mobile scrap tire recovery facility registration certificate application

Current through all regulations passed and filed through July 1, 2024
(A)
								An application,
			 notwithstanding any deficiency, may be considered and acted upon if sufficient
			 information is contained in the application for the director to determine
			 whether the criteria set forth in this rule are satisfied.
(B)
								Approval. The
			 director shall not approve an application for a mobile scrap tire recovery
			 facility registration certificate unless the director determines all of the
			 following:
(1)
									The establishment or modification and operation of the
			 mobile scrap tire recovery facility will not violate Chapter 3704., 3734.,
			 3745., or 6111. of the Revised Code and the rules adopted
			 thereunder.
(2)
									An applicant or person listed as the business owner or
			 operator of the mobile scrap tire recovery facility is in substantial
			 compliance with, or is on a legally enforceable schedule through issuance of an
			 administrative consent order or judicial consent order to attain compliance
			 with applicable provisions of Chapters 3704., 3714., 3734., 3745., and 6111. of
			 the Revised Code at scrap tire transportation operations, construction and
			 demolition debris facilities, construction and demolition debris processing
			 facilities, or solid waste facilities they own or operate. An applicant or
			 person listed as the business owner or operator is not in substantial
			 compliance with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised
			 Code if the applicant has committed a significant or material violation of an
			 environmental law or has committed numerous, other violations of environmental
			 laws such that the violations reveal a practice of noncompliance with
			 environmental laws.
(3)
									The applicant or person listed as the business owner or
			 operator of the mobile scrap tire recovery facility has maintained a history of
			 compliance with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised
			 Code by resolving all administrative and judicial enforcement actions that were
			 brought against them that were based on a significant or material violation of
			 an environmental law, or were based on numerous, other violations of
			 environmental laws that revealed a practice of noncompliance with environmental
			 laws at scrap tire transportation operations, construction and demolition
			 debris facilities, construction and demolition debris processing facilities, or
			 solid waste facilities they own or operate or at scrap tire transportation
			 operations, construction and demolition debris facilities, construction and
			 demolition debris processing facilities, or solid waste facilities they have
			 previously owned or operated. For purposes of this rule, an enforcement action
			 has been resolved if the business owner or operator has entered into an
			 administrative consent order or judicial consent order with regard to the
			 violation of environmental laws, or the business owner or operator of the
			 mobile scrap tire recovery facility has adjudicated the issue of whether they
			 are in violation of environmental laws to finality.
(4)
									The applicant has
			 submitted a draft financial assurance instrument in accordance with rules
			 3745-503-05 and
			 3745-580-22 of the
			 Administrative Code.