Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-555 - Solid Waste Transfer Facilities › Section 3745-555-10 - General obligations for owners, operators, and applicants

Current through all regulations passed and filed through July 1, 2024
(A) An applicant for an authorizing document,
			 and an owner or operator that has obtained a permit to install or a license for
			 a solid waste transfer facility pursuant to rules adopted under section
			 3734.02 of the Revised Code,
			 shall comply with this chapter. The owner or operator of a transfer facility
			 that accepts exclusively source-separated yard waste for transfer shall comply
			 with this chapter. Compliance with this chapter does not relieve any person
			 from the obligation to comply with any applicable statute, rule, or authorizing
			 document.
[Comment: The owner or operator of a transfer facility who has
				established a solid waste transfer facility by obtaining a license to operate a
				solid waste transfer facility prior to May 31, 1991 (the effective date of
				rules adopted under division (A) of section
				3734.02 and under division (D)
				of section 3734.12 of the Revised Code
				which require that no person shall establish a new solid waste transfer
				facility without first submitting an application for a permit) and did not
				modify the transfer facility after that date, is not required to obtain a
				permit to install, unless such owner or operator modifies the existing solid
				waste transfer facility.]
(B) No person shall operate a solid waste
			 transfer facility without first obtaining a license to operate the solid waste
			 transfer facility issued by the licensing authority. This requirement does not
			 apply to a transfer facility that accepts exclusively source-separated yard
			 waste for transfer.
(C) An owner or
			 operator of a solid waste transfer facility shall obtain, maintain, and comply
			 with all applicable permits and authorizations required by Chapters 3704. and
			 6111. of the Revised Code for the solid waste transfer facility.
(D) No person shall establish a new solid
			 waste transfer facility or modify an existing solid waste transfer facility
			 without first obtaining a permit to install issued in accordance with rule
			 3745-555-300 of the
			 Administrative Code. This requirement does not apply to a transfer facility
			 that accepts exclusively source-separated yard wastes for transfer.
(E) An owner or operator of a solid waste
			 transfer facility shall maintain compliance with all permits to install, permit
			 modifications and permit alterations, licenses, and orders issued in accordance
			 with Chapter 3734. of the Revised Code and rules adopted thereunder.
(F) Except as provided in rule
			 3745-512-51 of the
			 Administrative Code (alterations during construction), no person shall alter a
			 solid waste transfer facility without first obtaining concurrence from Ohio EPA
			 for an alteration to the permit to install for the solid waste transfer
			 facility.
(G) If the director
			 orders the owner or operator to submit updated engineering detail plans,
			 specifications, and information in accordance with division (A)(5) of section
			 3734.05 of the Revised Code, and
			 no permit to install was issued pursuant to Chapter 3734. of the Revised Code,
			 the owner or operator shall submit an application for a permit to install in
			 accordance with rule
			 3745-555-300 of the
			 Administrative Code as though the solid waste transfer facility were being
			 established as a new transfer facility.
(H) The permit to install shall remain in
			 effect until the director has received, and approved in writing, certification
			 that all required final closure activities were completed, unless the permit
			 has expired in accordance with rule
			 3745-500-330 of the
			 Administrative Code or was revoked in accordance with rule
			 3745-500-350 of the
			 Administrative Code.
(I) The owner
			 or operator of a solid waste transfer facility may request the director to make
			 an administrative change to the permit to install in accordance with rule
			 3745-500-360 of the
			 Administrative Code.
(J)
								The owner or operator of a recycling facility that
			 recycles less than sixty per cent of the weight of solid waste received in any
			 nine months during a rolling twelve-month period, or which no longer meets the
			 definition of a legitimate recycling facility, shall submit a written
			 notification to Ohio EPA of the intent to submit a permit to install
			 application for a solid waste transfer facility in accordance with rule
			 3745-555-300 of the
			 Administrative Code not later than ninety days after such triggering event,
			 unless the owner or operator of the recycling facility immediately ceases waste
			 acceptance and lawfully disposes of all remaining waste not later than ninety
			 days after after such triggering event.
(1)
									An owner or
			 operator of a recycling facility who submitted a notification in accordance
			 with paragraph (J) of this rule may continue to accept solid waste for not more
			 than three hundred sixty-five days after such triggering event, unless extended
			 by Ohio EPA, if the owner or operator of a recycling facility meets both of the
			 following:
(a)
										Has submitted a solid waste transfer facility permit to
			 install application not later than one hundred eighty days after submittal of
			 the notification.
(b)
										Complies with the operational requirements contained in
			 paragraphs (I) to (K) of rule
			 3745-555-610 of the
			 Administrative Code.