Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-02 - General obligations

Current through all regulations passed and filed through July 1, 2024
(A)
			 Compliance with this chapter does not relieve any person from the obligation to
			 comply with any applicable statute, rule, or authorizing document.
(B) Rules 3745-400-50 to 3745-400-60 of the
			 Administrative Code do not apply to a co-located
			 processing facility .
(C) No person shall establish or modify a
			 processing facility to which rules 3745-400-50 to 3745-400-60 of the
			 Administrative Code apply without first obtaining a permit to install in
			 accordance with rule 3745-400-50 of the Administrative Code that authorizes the
			 establishment or modification.
(D)
								Except for the
			 operation of a processing facility for which a license is applied for and
			 obtained in accordance with paragraph (E) of this rule and Chapter 3745-501 of
			 the Administrative Code, no person shall establish or operate a
			 facility or operate a processing facility
			  without first obtaining a license issued by
			 the licensing authority in accordance with Chapter 3745-501 of the
			 Administrative Code.
(E) An owner
			 or operator of a processing facility  that is
			 proposing to continue to operate the processing facility after the effective
			 date of this rule shall submit an application for a license to the licensing
			 authority in accordance with Chapter 3745-501 of the Administrative Code not
			 later than six months after the effective date of this rule.
(F) An owner or operator of a facility or a
			 processing facility shall obtain, maintain, and comply with all applicable
			 authorizations as specified in Chapters 3704., 3734., and 6111. of the Revised
			 Code.
(G) An owner or operator of a
			 facility or a processing facility shall obtain, maintain, and comply with all
			 effective permits to install, licenses, orders, and other authorizations issued
			 in accordance with Chapter 3714. of the Revised Code and the rules adopted
			 thereunder, as applicable.
(H) An
			 owner or operator of a facility shall not modify a facility without first
			 obtaining authorization from the licensing authority that authorizes the
			 modification.
(I) An owner or
			 operator of a facility or processing facility shall not operate or maintain a
			 facility or a processing facility in such a manner as to create a nuisance,
			 fire hazard, or health hazard or in violation of Chapter 3704., 3714., 3734.,
			 or 6111. of the Revised Code.
(J)
			 No person shall conduct, permit, or allow illegal disposal. In the event that
			 illegal disposal is occurring or has occurred at a property, the person
			 responsible for the illegal disposal, the owner of the property, or the person
			 who allowed the illegal disposal to occur, shall promptly remove and dispose or
			 otherwise manage the construction and demolition debris in accordance with
			 Chapter 3714. of the Revised Code and submit verification to Ohio EPA that the
			 construction and demolition debris has been properly managed.