Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-120 - Procedures for issuing, denying, modifying, transferring, and revoking licenses and permits to install

Current through all regulations passed and filed through July 1, 2024
[Comment: Procedures for suspending a license can be found in
				rule
				3745-501-40
				of the Administrative Code.]
(A) In
			 deciding whether to issue
								or deny a permit to install, the director shall solicit the input and
			 coordinate the issuance of the permit to install with all relevant divisions of
			 Ohio EPA. The director may consult with other divisions or persons as the
			 director deems appropriate.
(B)
			 When issuing, denying, modifying, approving transfer of, denying transfer of,
			 or revoking a license or a permit to install for a solid waste facility, infectious waste treatment facility,
			 construction and demolition debris facility, or construction and demolition
			 debris processing facility, the director shall act in accordance with
			 Chapters 119., 3714., 3734., and 3745. of the Revised Code, as
			 applicable.
(C) When issuing,
			 denying, modifying, approving transfer of, denying transfer of, or revoking a
			 license for a solid waste facility, infectious waste
			 treatment facility, construction and demolition debris facility, or
			 construction and demolition debris processing facility, the approved
			 board of health shall act in accordance with Chapters 3714., 3734., and
			 sections
			 3709.20
			 and
			 3709.21
			 of the Revised Code, as applicable.
(D) When denying a license, revoking a
			 license, or denying transfer of a license for a solid
			 waste facility, infectious waste treatment facility, construction and
			 demolition debris facility, or construction and demolition debris
			 processing facility, the approved board of health shall provide at a
			 minimum the following:
(1) To the owner and
			 operator of the solid waste facility, infectious waste
			 treatment facility, construction and demolition debris facility, or
			 construction and demolition debris processing facility or the applicant
			 for the license, the following:
(a) Notice of
			 the approved board of health's intent to deny or revoke a license. This notice
			 shall include a provision informing the applicant, owner, or operator of the
			 right to a hearing prior to the issuance by the approved board of health of a
			 final action denying or revoking a license. This notice shall provide a period
			 of thirty days in which to request a hearing.
(b) Upon request, a hearing, held in
			 accordance with section
			 3709.20
			 of the Revised Code, at which the persons that have requested the hearing are
			 provided the following:
(i) The right to
			 appear in person, by attorney, or by other such representation permitted to
			 appear before the approved board of health.
(ii) The opportunity to present evidence at
			 the hearing, including the testimony of witnesses under oath, and the
			 opportunity to cross examine opposing witnesses.
(iii) The opportunity to proffer evidence
			 that has been determined to be inadmissible.
(iv) A stenographic record of the
			 hearing.
(c) Prior to the
			 issuance of a final action and subsequent to a hearing conducted by a referee
			 or examiner in accordance with division (B) of section
			 3709.20
			 of the Revised Code, written recommendations presented to the approved board of
			 health and an opportunity to submit written objections.
(d) A copy of the final action of the
			 approved board of health regarding the denial or revocation of the license,
			 with findings of fact and conclusions of law based on the hearing held in
			 accordance with section
			 3709.20
			 of the Revised Code. The copy with a statement of how and within what time
			 period the final action may be appealed to the environmental review appeals
			 commission shall be sent by certified mail or any other form of mail
			 accompanied by a receipt. Such copy and statement shall also be sent by
			 certified mail or any other form of mail accompanied by a receipt to persons
			 who have requested a hearing.