reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-130 - Retention and distribution of authorizing documents - procedures for approved boards of health and Ohio EPA

Current through all regulations passed and filed through July 1, 2024
(A) Procedures for approved boards of health.
Copies of an authorizing document issued by the
				approved board of health and all associated plans, specifications, and
				information shall be retained and distributed in accordance with the
				following:
(1) The
			 approved board of health shall retain at least
			 one copy of the authorizing document and all associated plans, specifications,
			 and information.
(2) Copies of
			 authorizing documents shall be distributed by certified mail or
			 an
			 other form of mail accompanied by a receipt not later than the end of the
			 third business day following issuance of the authorizing document, except that
			 any plans, specifications, and information accompanying an authorizing document
			 need not be distributed by certified mail or an other form
			 of mail accompanied by a receipt.
(3)
									Not later than thirty
			 days after issuance, the approved board of health shall distribute copies
			 of the authorizing document and any associated plans, specifications, and
			 information as follows:
(a) Return one copy
			 to the person who submitted the application or request for
			 the authorizing document.
(b) Send
			 one copy to Ohio EPA.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-150 - Alteration to a permit to install

Current through all regulations passed and filed through July 1, 2024
(A) Applicant procedures.
(1) A request to alter
			 a permit to install, and subsequent revisions to the
			 request, shall be submitted in writing to the permitting authority. Revisions
			 to the request shall be accompanied by the following:
(a) An index listing each change and the page
			 where each change occurred.
(b) For
			 plan drawings, a schedule on the drawing indicating what has changed.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-210 - Variances for solid waste facilities

Current through all regulations passed and filed through July 1, 2024
(A) An application for a variance for a solid
			 waste facility shall include the following:
(1) The provision or provisions of the state
			 law for which the variance is requested.
(2) Information regarding the reason and
			 justification for the variance.
(3)
			 Any other pertinent data regarding the application required by the
			 director.
(4) A certification
			 statement and signature in accordance with rule
			 3745-500-50 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-220 - Exemptions from the requirements of Chapters 3714. and 3734. of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A) An
			 application for an exemption from a  requirement of Chapter 3714. or 3734. of
			 the Revised Code or the rules adopted under those chapters shall include
			 the following:
(1) The provision or
			 provisions of the state law for which the exemption is requested.
(2) Information regarding the reason and
			 justification for the exemption including any effects on the public health and
			 safety and the environment or potential fire
			 hazards if the exemption is granted.
(3) Any other pertinent data regarding the
			 application required by the director or the approved
			 board of health, as applicable.
(4) A certification statement and signature
			 in accordance with rule
			 3745-500-50 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-330 - Termination of a permit to install issued under Chapter 3734. of the Revised Code

Current through all regulations passed and filed through July 1, 2024
(A)
								 A permit to install issued under Chapter 3734. of the
			 Revised Code for a new facility shall terminate three years after the effective
			 date of the permit to install if the owner or operator has neither undertaken a
			 continuing program of installation nor entered into a binding contractual
			 obligation to undertake and complete within a reasonable time a continuing
			 program of installation of the new facility.
(B)
								 The owner or
			 operator may request an extension of the termination date. Such request shall
			 be submitted to the director and provide justification for the extension of
			 time and an analysis demonstrating that the facility meets all applicable
			 siting criteria and design standards established in the rules in effect on the
			 date the permit to install is to expire.
(C)
								 The director may
			 extend the termination date of a permit to install for a period of time not to
			 exceed twelve months if the director determines that the owner or operator has
			 adequately justified an extension of time and has demonstrated that the
			 facility meets all applicable siting criteria and design standards established
			 in the rules in effect on the date the permit to install is to expire.
Effective:
				4/2/2012
R.C. 119.032 review dates:
				04/02/2017
Promulgated
				Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule
				Amplifies: 3734.02, 3734.12
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-350 - Causes for revoking a permit to install issued under Chapter 3734. of the Revised Code

Current through all regulations passed and filed through July 1, 2024
The director may revoke a permit to
				install issued under Chapter 3734. of the Revised Code, without limitation as
				to other lawful grounds, for any of the causes listed in section
				3734.45 of the Revised
				Code.
Effective:
				4/2/2012
R.C. 119.032 review dates:
				04/02/2017
Promulgated
				Under: 119.03
Statutory Authority: 3734.02
Rule
				Amplifies: 3734.02, 3734.09, 3734.45
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-360 - Administrative change to a permit to install

Current through all regulations passed and filed through July 1, 2024
(A) The permitting authority may make an
			 administrative change to a permit to install in order to do the following:
(1) Update or correct administrative
			 information including but not limited to the telephone number, address, or name
			 of the solid waste facility, infectious waste treatment
			 facility, construction and demolition debris facility, or construction and
			 demolition debris processing facility, the name of the owner or operator
			 or person to whom the permit to install has been issued, or other
			  contact information.
(2) Correct typographical errors contained in
			 a permit to install.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-01 - Licensing - applicability

Current through all regulations passed and filed through July 1, 2024
The rules in this multi-program chapter shall apply when
				referenced in either of the following:
(A) A rule in a program chapter.
(B) A rule in another multi-program chapter
			 that was made applicable by a rule in a program chapter.
Program chapters are Chapters 3745-27,
				3745-29, 3745-30, 3745-37, 3745-400, and 3745-520 to 3745-599 of the
				Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-02 - Licensing - definitions

Current through all regulations passed and filed through July 1, 2024
If a term used in this chapter is defined in rule
				3745-500-02
				of the Administrative Code, the definition in rule
				3745-500-02
				of the Administrative Code is applicable to this chapter unless the term is
				defined in this rule. As used in this chapter:
(A) [Reserved.]
(B) [Reserved.]
(C) [Reserved.]
(D) [Reserved.]
(E) [Reserved.]
(F) "Facility" means any of the following:
(1) A solid waste facility.
(2) An infectious waste treatment
			 facility.
(3) A construction and
			 demolition debris facility.
(4) A
			 construction and demolition debris processing facility
			 , including a co-located processing
			 facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-05 - Licensing requirements

Current through all regulations passed and filed through July 1, 2024
(A) No person shall operate or maintain a
			 solid waste facility, a construction and demolition debris facility, or a
			 construction and demolition debris processing facility without a separate
			 license for each facility as required by Chapter 3714. or 3734. of the Revised
			 Code and the rules adopted thereunder. The requirement
			 to obtain a separate license does not apply to a construction and demolition
			 debris facility and a co-located processing facility operating or proposing to
			 operate under a single license.
[Comment: Failure to obtain a renewal license is grounds for
				closure.]
(B) Unless
			 otherwise excluded by paragraph (C) of this rule, no person shall operate an
			 infectious waste treatment facility without an infectious waste treatment
			 facility license.
(C) Infectious
			 waste treatment facility exclusions. An infectious waste treatment facility is
			 not required to obtain a license if the infectious waste treatment facility
			 meets any of the following criteria:
(1) Is
			 owned or operated by the generator of the wastes and exclusively treats wastes
			 that are generated at any premises owned or operated by that generator
			 regardless of whether the wastes are generated on the same premises where the
			 generator's treatment facility is located. Treatment of the wastes shall occur
			 utilizing methods, techniques, and practices established by rules adopted under
			 division (C)(1) or (C)(3) of section
			 3734.021
			 of the Revised Code. The owner or operator of an infectious waste facility
			 operating in accordance with this paragraph may accept infectious waste
			 generated by small quantity generators for treatment.
(2) Holds a license issued under section
			 4717.17
			 of the Revised Code and a permit issued under Chapter 3704. of the Revised
			 Code.
(3) Treats or disposes of
			 dead animals or parts thereof, or the blood of animals, and is subject to any
			 of the following:
(a) Inspection under the
			 "Federal Meat Inspection Act," 81 Stat. 584.
			 21
			 U.S. C.A. 603.
(b) Chapter 918. of the Revised
			 Code.
(c) Chapter 953. of the
			 Revised Code.
(4) Holds
			 a solid waste facility license with a notation on the license that the facility
			 also treats infectious waste in accordance with division (B) of section
			 3734.05 of
			 the Revised Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-10 - License applications and application procedures

Current through all regulations passed and filed through July 1, 2024
(A) License application.
(1) The applicant for a facility license
			 shall be the owner of the facility or the operator that has written permission
			 from each property owner to apply for a license.
(2) An application for a facility license
			 required by rule
			 3745-501-05 of the
			 Administrative Code shall be made on forms prescribed by the director and
			 contain at a minimum the following:
(a)
			 Information regarding the applicant.
(b) Information regarding the owner and
			 operator.
(c) Information regarding
			 the property.
(d) Information
			 regarding the operations at each facility.
(e) Any additional information deemed
			 necessary by the director.
(3) An applicant for a construction and
			 demolition debris facility license shall submit 
									a copy
			 of the application to the licensing authority via certified mail or any other
			 form of mail accompanied by a receipt and any
			 additional copies requested by the licensing authority in
			 writing.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-12 - Additional criteria for C&DD license applications

Current through all regulations passed and filed through July 1, 2024
In addition to the requirements contained in rule
				3745-501-10
				of the Administrative Code, an application for a C&DD facility license
				shall include but is not limited to the following:
(A) A copy of the facility design plan
			 prepared in accordance with rule
			 3745-400-07
			 of the Administrative Code.
(B) In
			 the case of an initial facility license, a letter from the local fire
			 department stating that the fire department will respond to fires at the
			 facility.
(C) Delineation of the
			 following on a plan drawing:
(1) The proposed
			 active licensed disposal area.
(2)
			 All proposed inactive licensed disposal areas including the following:
(a) Areas that have no debris placed in the
			 area.
(b) For an existing facility,
			 areas that have not been filled after September 30, 1996 and do not have a
			 dense vegetative cover.
(c) Areas
			 that have been capped in accordance with paragraphs (D) and (E) of rule
			 3745-400-07
			 of the Administrative Code and have received approval in accordance with rule
			 3745-400-08
			 of the Administrative Code. These areas shall be subdivided and labeled as to
			 the date the designated area received approval of the cap from the licensing
			 authority.
(3) Facility
			 environs in accordance with rule
			 3745-400-07
			 of the Administrative Code.
(4)
									The horizontal limits of construction and demolition
			 debris processing for a co-located processing facility, if
			 applicable.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-20 - Procedures for the licensing authority for reviewing and considering license applications

Current through all regulations passed and filed through July 1, 2024
(A)
								Not later than sixty days after the receipt of an
			 incomplete application, the licensing authority
			 shall notify the applicant of the nature of the deficiency.
			  An application is complete when the
			 application contains all of the information that the applicable statute and
			 rules require to be submitted, including such other information as the
			 licensing authority may reasonably require to determine that the application
			 satisfies the requirements of the applicable statute and rules.
(B) Not later than sixty days prior to
			 issuing a license, the licensing authority shall inspect the facility and
			 certify that the owner and operator are in substantial compliance with Chapter
			 3714. or Chapter 3734. of the Revised Code and the rules adopted
			 thereunder.
(C) Procedure.
(1) When acting upon a facility license, the
			 licensing authority shall follow the applicable procedures set forth in rule
			 3745-500-120
			 of the Administrative Code.
(2) In
			 deciding whether to issue or deny a license, the licensing authority shall
			 comply with rule
			 3745-501-15
			 of the Administrative Code.
(3) A
			 renewal license application shall not be considered for issuance or denial for
			 a facility where the owner or operator is required to conduct closure
			 requirements in accordance with any applicable closure rule or where the owner
			 or operator has failed to submit the license application to the licensing
			 authority by December thirty-first of the current license period.
(4) Timeframes for license actions. The
			 licensing authority shall either issue or deny a license as follows:
(a) For a renewal license, not later than
			 ninety days after the date upon which a complete application is
			 received.
(b) For a facility not
			 previously licensed, not later than forty-five days after written concurrence
			 from Ohio EPA and the approved board of health, if applicable, indicating that
			 the site has been inspected and is prepared for operations pursuant to
			 paragraph (A)(3) of rule
			 3745-501-15
			 of the Administrative Code.
(5) Terms and conditions. A licensing
			 authority may impose such special terms and conditions as are necessary to
			 protect public health and safety and the environment and to ensure that an
			 owner and operator of a facility will comply with Chapter 3714. or Chapter
			 3734. of the Revised Code and the rules adopted thereunder.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-35 - Transfer of licenses

Current through all regulations passed and filed through July 1, 2024
(A)
			 License transfer requests.
(1) A solid waste
			 facility or an infectious waste treatment facility licensee may request
			 transfer of the license. Transfer of a license occurs upon written
			 authorization from both the director and the approved board of health, if
			 applicable.
(2) A
			 construction and demolition debris facility licensee or a
			 construction and demolition debris processing facility licensee may
			 request transfer of the license. Transfer of a license occurs upon written
			 authorization from the licensing authority.
(3) Licensee transfer procedures. The current
			 licensee and transferee shall make an application to transfer a license on
			 forms prescribed by the director. At a minimum, the application shall include
			 the information specified in rule
			 3745-501-10
			 or 3745-501-12 of the Administrative Code as applicable, and the following:
(a) The transferee's name and contact
			 information.
(b) Specification if
			 the transferee is the owner or operator of the facility.
(c) The property to which the license
			 pertains.
(d) The proposed date for
			 transfer.
(e) Any other information
			 deemed necessary by the director.
[Comment: For a solid waste facility or an infectious waste
				treatment facility license, the transferee is subject to the applicable
				requirements of division (E) of section
				3734.41
				of the Revised Code. The transferee for a construction and
				demolition debris facility or a construction and demolition debris
				processing facility license is subject to the requirements specified in
				division (A) of section
				3714.052
				of the Revised Code or division (D) of section
				3734.42 of
				the Revised Code.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-40 - Suspension or revocation of a license

Current through all regulations passed and filed through July 1, 2024
(A) The licensing authority may suspend or
			 revoke a license by order for any cause that would be grounds for suspension or
			 revocation pursuant to Chapter 3714. or Chapter
			 3734. of the Revised Code and the rules adopted
			 thereunder. Grounds include but are not limited to the following:
(1) Entry pursuant to applicable law to
			 inspect or investigate, obtain samples, and examine or copy records to
			 determine compliance is refused, hindered, or thwarted.
(2) The owner or operator violates Chapter
			 3714. or Chapter 3734. of the Revised Code and
			 the rules adopted thereunder.
(3) The facility is not being operated in
			 substantial compliance with applicable environmental laws.
(4) A nuisance, fire hazard, or health hazard
			 exists at the facility.
(5)
									Fraud, deceit, or misrepresentation and other grounds
			 pursuant to section 
										3714.101 or section
									3734.45 of the Revised
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-75 - Authorized maximum daily waste receipt

Current through all regulations passed and filed through July 1, 2024
(A)
								The AMDWR for a
			 facility as identified in the license shall be expressed in tons per day for
			 facilities utilizing scales or cubic yards per day at the gate for all other
			 facilities. The conversion factor between tons and cubic yards shall be one ton
			 to three cubic yards unless the solid waste is baled, in which case a one-ton
			 to one-cubic-yard conversion factor shall be used.
(B)
								Temporary
			 increase.
(1)
									The owner or operator of a licensed solid waste facility may
			 submit a written request to the director for a temporary increase in the
			 facility's AMDWR. At a minimum, the request shall include the following:
(a)
										A discussion of
			 the circumstances warranting the request, including any available documentation
			 in support of the temporary increase, and how continued compliance with the
			 existing AMDWR will affect public health and safety.
(b)
										The anticipated
			 length of time the increase will be necessary.
[Comment: A temporary increase that is
				anticipated to exceed ninety days constitutes a modification and requires a
				permit to install application to be submitted to the director.]
(c)
										A
			 discussion of how the operation of the facility will accommodate the temporary
			 increase and ensure compliance with Chapter 3734. of the Revised Code and the
			 rules adopted thereunder.
(d)
										Copies of the information sent in accordance with
			 paragraph (B) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-502 - Solid Waste Disposal Fees › Section 3745-502-01 - Solid waste fee - definitions

Current through all regulations passed and filed through July 1, 2024
If a term used in this chapter is
				defined in rule
				3745-500-02 of the
				Administrative Code, the definition in rule
				3745-500-02 of the
				Administrative Code is applicable to this chapter unless the term is defined in
				this rule. As used in this chapter:
(A)
								
								[Reserved.]
(B) "Board" means the board of directors of a
			 single county or a joint solid waste management
			 district, the board of county commissioners of a county solid waste management
			 district, or the board of trustees of a solid waste management
			 authority.
(C)
								"Customer" means a person who contracts with, or
			 utilizes the solid waste services of, the owner or operator of a solid waste
			 transfer or disposal facility or a transporter of solid waste to such a
			 facility.
(D)
(1) "District disposal
			 fee" means a fee levied by a solid waste management district pursuant to
			 division (B) of section
			 3734.57 of the Revised
			 Code.
(2) "District
			 generation fee"  means a
			 fee levied by a solid waste management district pursuant to section
			 3734.573 of the Revised
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-502 - Solid Waste Disposal Fees › Section 3745-502-02 - Requirements for collecting, remitting, and reporting state disposal and environmental protection fees

Current through all regulations passed and filed through July 1, 2024
(A)
								Applicability.
			 This rule establishes requirements for the owner or operator of a solid waste
			 transfer facility or solid waste landfill regarding collecting, remitting, and
			 reporting state disposal fees levied on the transfer and disposal of solid
			 waste as authorized by division (A) of section
			 3734.57 of the Revised
			 Code.
(B)
								General requirements.
(1)
									As a trustee of
			 the state, the owner or operator of a solid waste landfill or solid waste
			 transfer facility located in this state that first receives the solid waste
			 shall do the following:
(a)
										Collect state disposal fees on the total inbound
			 tonnage of a load of solid waste in accordance with the schedule levied under
			 division (A) of section
			 3734.57 of the Revised
			 Code.
(b)
										Calculate the dollar amount to collect by multiplying
			 the total tonnage of the load of solid waste by the state disposal
			 fees.
(c)
										Use a conversion factor of three cubic yards per ton of
			 solid waste or one cubic yard per ton for baled waste if scales are not used as
			 the means of determining gate receipts.
(d)
										Identify waste on
			 a load-by-load basis.
(e)
										Identify the total tonnage of a load of waste that
			 consists of solid waste commingled with either construction and demolition
			 debris or another excluded waste as a load of solid waste, and collect state
			 disposal fees on the total tonnage of the load.
(f)
										Record in the
			 daily log the total tonnage of each load of waste received according to the
			 following categories:
(i)
											Asbestos.
(ii)
											Construction and
			 demolition debris.
(iii)
											Industrial or manufacturing waste.
(iv)
											Excluded
			 waste.
(v)
											Municipal solid waste.
(vi)
											Source separated
			 recyclables.
(vii)
											Alternative daily cover.
[Comment: When a transporter delivers a
				load of solid waste to a transfer facility and the load is subsequently
				transferred to a different solid waste transfer facility or to a solid waste
				landfill, the owner or operator of the first solid waste transfer facility is
				solely responsible for collecting and remitting the state disposal
				fees.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-502 - Solid Waste Disposal Fees › Section 3745-502-04 - Requirements for collecting, remitting, and reporting host community fees

Current through all regulations passed and filed through July 1, 2024
(A)
								Applicability. This rule establishes the requirements
			 for the owner or operator of a solid waste landfill regarding collecting,
			 remitting, and reporting host community fees levied on the disposal of solid
			 waste as authorized by division (C) of section
			 3734.57 of the Revised
			 Code.
(B)
								General requirements.
(1)
									As a trustee of a
			 municipal corporation or township, the owner or operator of a solid waste
			 landfill located within the boundaries of a township or municipal corporation
			 that levies a host community fee shall do the following:
(a)
										For loads of
			 solid waste delivered to the solid waste landfill from a solid waste transfer
			 facility, collect the host community fee on each load of solid waste
			 transported off the premises of the solid waste transfer facility and delivered
			 to the solid waste landfill for disposal.
(b)
										Collect the host
			 community fee on the total tonnage of each load of solid waste received at the
			 solid waste landfill in accordance with the schedule levied under division (C)
			 of section 3734.57 of the Revised
			 Code.
(c)
										Calculate the dollar amount to collect by multiplying
			 the total tonnage of the load of solid waste by the host community
			 fee.
(d)
										If the municipal corporation or township, in its
			 ordinance or resolution levying the host community fee, directs the host
			 community fee be levied on the basis of cubic yards as the unit of measurement,
			 use a conversion factor of three cubic yards per ton of solid waste or one
			 cubic yard per ton for baled solid waste.
(e)
										Identify waste on
			 a load-by-load basis.
(f)
										Identify the total tonnage of a load of waste that
			 consists of solid waste commingled with either construction and demolition
			 debris or another excluded waste as a load of solid waste and collect the host
			 community fee on the total tonnage of the load.
(g)
										Record in the
			 daily log the total tonnage of each load of waste received according to the
			 following categories:
(i)
											Asbestos.
(ii)
											Construction and
			 demolition debris.
(iii)
											Industrial or manufacturing waste.
(iv)
											Excluded
			 waste.
(v)
											Municipal solid waste.
(vi)
											Source separated
			 recyclables.
(vii)
											Alternative daily cover.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-502 - Solid Waste Disposal Fees › Section 3745-502-05 - Construction and demolition debris disposal fee at municipal solid waste facility - multiple townships or municipal corporations

Current through all regulations passed and filed through July 1, 2024
For the fee levied under division (A) of section
				3714.07 of the Revised Code:
(A) If a solid waste facility is
			 located within the territorial boundaries of more than one municipal
			 corporation or township, each municipal corporation or township may appropriate
			 up to four cents per cubic yard or up to eight cents per ton of the disposal
			 fee divided by the number of municipal corporations and townships within which
			 the facility is located.
(B) The
			 municipal corporation or township may appropriate this fee for the same
			 purposes that a municipal corporation or township may levy a fee under
			 division
(C) of section
			 3734.57 of the Revised
			 Code.
Five Year Review (FYR) Dates:
				11/28/2014 and
				11/28/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 3714.07
Rule
				Amplifies: 3714.07
Prior
				Effective Dates: 3/09/2009
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-503 - Financial Assurance › Section 3745-503-01 - Financial assurance - applicability

Current through all regulations passed and filed through July 1, 2024
The rules in this multi-program chapter
				shall apply when referenced in either of the following:
(A)
								 A rule in a
			 program chapter.
(B)
								 A rule in another multi-program chapter that was made
			 applicable by a rule in a program chapter.
Program chapters are Chapters 3745-520
				to 3745-599 of the Administrative Code.
Effective:
				4/2/2012
R.C. 119.032 review dates:
				04/02/2017
Promulgated
				Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule
				Amplifies: 3734.02, 3734.12
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-503 - Financial Assurance › Section 3745-503-02 - Financial assurance - definitions

Current through all regulations passed and filed through July 1, 2024
If a term used in this chapter is defined in rule
				3745-500-02 of the
				Administrative Code, the definition in rule
				3745-500-02 of the
				Administrative Code is applicable to this chapter unless the term is defined in
				this rule. As used in this chapter:
(A) [Reserved.]
(B) [Reserved.]
(C)
(1)
			 "Current assets" means cash or other assets or resources commonly identified as
			 those which are reasonably expected to be realized in cash or sold or consumed
			 during the normal operating cycle of a business.
(2) "Current liabilities" means obligations
			 the liquidation of which is reasonably expected to require either the use of
			 existing resources properly classifiable as current assets or the creation of
			 other current liabilities.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-503 - Financial Assurance › Section 3745-503-05 - Financial assurance for closure

Current through all regulations passed and filed through July 1, 2024
(A) [Reserved.]
(B)
(1) The
			 owner or operator shall execute and fund a financial assurance instrument in an
			 amount not less than the current closure cost estimate and meeting the
			 requirements of paragraph (E) of this rule.
(2) Financial assurance for closure shall be
			 maintained and may be released only in accordance with paragraph (O) of this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-503 - Financial Assurance › Section 3745-503-10 - Financial assurance for post-closure care

Current through all regulations passed and filed through July 1, 2024
(A)
								[Reserved.]
(B)
(1)
									The owner or operator shall execute, fund, and maintain
			 financial assurance in an amount not less than the current post-closure care
			 cost estimate in accordance with paragraph (E) of this rule.
(2)
									Financial
			 assurance may be released only in accordance with paragraph (O) of this
			 rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-01 - Construction - applicability and general compliance

Current through all regulations passed and filed through July 1, 2024
(A)
								The rules in this
			 multi-program chapter shall apply when referenced in either of the
			 following:
(1)
									
			 A rule in a program chapter.
(2)
									A rule in another
			 multi-program chapter that was made applicable by a rule in a program
			 chapter.
Program chapters are Chapters 3745-520
				to 3745-599 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-02 - Construction - definitions

Current through all regulations passed and filed through July 1, 2024
If a term used in this chapter is
				defined in rule
				3745-500-02
				of the Administrative Code, that definition used in rule
				3745-500-02
				of the Administrative Code is applicable to this chapter unless the term is
				defined in this rule. As used in this chapter:
(A)
								Reserved.
(B)
								Reserved.
(C)
								"Concurring
			 authority" means Ohio EPA.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-17 - Alternative construction materials evaluation and reporting

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory
				government publications, publications of recognized organizations and
				associations, test methods, federal rules, and federal statutory provisions
				referenced in this rule, see rule
				3745-500-03
				of the Administrative Code titled "Incorporation by reference."]
(A)
								Upon approval by
			 the permitting authority, the owner or operator may use an alternative
			 construction material if the alternative construction material undergoes an
			 evaluation in accordance with this rule prior to use to construct the
			 facility.
[Comment: This rule requires approval
				prior to use of the alternative construction material; therefore, a
				construction certification report cannot include a request for approval of an
				alternative construction material.] [Comment: As defined and instructed by the
				applicable program chapter, if use of the alternative construction material
				meets the definition of an alteration, the owner or operator shall also submit
				an alteration request (the alternative construction material evaluation may be
				included in the alteration request). If use of the alternative construction
				material meets the definition of a modification, the owner or operator shall
				also submit a permit to install application (the alternative construction
				material evaluation may be included in the permit to install
				application).]
(B)
								The alternative construction material evaluation shall
			 be signed and sealed by a professional engineer and include the
			 following:
(1)
									
			 A narrative section that identifies the alternative construction material and
			 the engineering component for which the alternative material will be
			 used.
(2)
									A demonstration that the alternative construction
			 material meets the approval requirements established in paragraph (E) of this
			 rule, as applicable.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-30 - Construction activities - general requirements

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or
			 operator shall construct engineered components in compliance with the
			 authorizing document and with the requirements in this chapter. Except as
			 provided in rule
			 3745-512-50
			 of the Administrative Code, an engineered component cannot be altered without
			 obtaining prior written concurrence from the concurring authority. If an
			 engineered component is altered and concurrence is not obtained, the owner or
			 operator shall reconstruct the engineered component to meet the requirements in
			 this chapter and the specifications in the authorizing
			 document.
(B)
								Until the construction certification report has been
			 concurred with by the concurring authority, the owner or operator shall keep
			 copies of construction activity logs at the facility. These logs shall be made
			 available upon request to Ohio EPA and the approved board of
			 health.
(C)
								If any oil or gas well is discovered within the
			 disposal limits, the owner or operator shall demonstrate that the well was
			 properly plugged and abandoned in accordance with Chapter 1509. of the Revised
			 Code prior to construction of any engineered component above the well. The
			 demonstration shall be included in the construction certification report
			 required under rule
			 3745-512-50
			 of the Administrative Code.
(D)
								The owner or
			 operator shall employ measures to attain compliance with applicable laws and
			 authorizing documents for erosion control of all disturbed
			 soils.
(E)
								The owner or operator shall clear naturally occurring
			 vegetation only to the extent necessary for proper construction of the
			 facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-50 - Construction certification

Current through all regulations passed and filed through July 1, 2024
(A)
								For each
			 engineered component at the facility, the owner or operator shall demonstrate
			 the following through a construction certification report:
(1)
									Compliance with
			 the facility design in the authorizing document.
(2)
									The engineered
			 component was installed in a manner that did not damage the engineered
			 component or other engineered components.
(3)
									Compliance with
			 the construction requirements in this chapter for the engineered
			 component.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-51 - Procedure for concurrence of construction certification

Current through all regulations passed and filed through July 1, 2024
(A)
								Upon providing
			 written notice of deficiency, the concurring authority may decline to act on
			 the construction certification, including the alterations contained therein, of
			 an engineered component until the construction certification report is
			 complete.
(B)
								The concurring authority shall not concur with a
			 construction certification report unless the following is determined:
(1)
									The engineered
			 component being certified was constructed in accordance with Chapter 3714. or
			 3734. of the Revised Code, and rules adopted thereunder.
(2)
									The engineered
			 component being certified was constructed in accordance with the specifications
			 in the authorizing document, unless the owner or operator has requested
			 concurrence of an alteration made during construction and the requested
			 alteration is contained within the construction certification report and the
			 criteria in paragraph (C)(3) of this rule were met.
(3)
									Alterations made
			 during construction and requested in the construction certification report meet
			 the following:
(a)
										The subject of the request is not a modification of the
			 facility.
(b)
										The alteration request applies only to the portion of
			 the facility being certified.
(c)
										Will not
			 interfere with the ability of the owner or operator to construct, operate,
			 close, and maintain during the post-closure care period the facility in
			 compliance with Chapter 3704., 3714., 3734., or 6111. of the Revised Code or
			 rules promulgated thereunder, and with authorizing documents.
(d)
										The owner or
			 operator has obtained other approvals and authorizations including but not
			 limited to approvals and authorizations issued pursuant to Chapter 3704.,
			 3714., 3734., or 6111. of the Revised Code made necessary by the
			 alteration.
(e)
										Will not interfere with the ability of the owner or
			 operator to conduct corrective actions presently being taken or that are
			 proposed to be taken at the facility or in the immediate area including but not
			 limited to fire, explosion, gas, odors, or ground water corrective
			 actions.
(f)
										There is no interference with the ability of the owner
			 or operator to monitor the impact of the facility on the
			 environment.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-55 - Failed tests and alterations

Current through all regulations passed and filed through July 1, 2024
(A)
								Upon detection by
			 the owner or operator or upon notification by the concurring authority that a
			 failed test or an alteration which was not previously concurred with by the
			 concurring authority has occurred in any engineered component or portion of a
			 facility, the owner or operator shall comply with the procedures contained in
			 this rule.
[Comment: Alternatives are not
				alterations. Use of an alternative material requires prior approval in
				accordance with rule
				3745-512-17
				of the Administrative Code.]
(B)
								 Failed test. For
			 the purposes of this rule, a failed test occurs when a test performed on an
			 engineered component of the facility yields a result that does not meet the
			 specifications established in the applicable authorizing document and in the
			 rules. If, prior to submission of the construction certification report for the
			 engineered component or portion of the facility, the owner or operator
			 determines that there is a failed test, the owner or operator shall either
			 comply with paragraph (C) of this rule or perform the following:
(1)
									Assess the
			 engineered component or portion of the facility to determine if construction is
			 in compliance with the applicable authorizing document and
			 rules.
(2)
									Implement measures to attain compliance with the
			 applicable authorizing document and rules. An area with a verified failure
			 shall be reconstructed or, in the case of in situ foundation, have
			 nonconforming material removed and replaced with structural fill or added
			 geologic material. Reconstructed areas shall be retested at a frequency
			 sufficient to demonstrate to the concurring authority that compliance was
			 attained.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-60 - Repair of damaged or failed engineered components

Current through all regulations passed and filed through July 1, 2024
(A)
								Immediately upon
			 discovery of a damaged or failed engineered component and in accordance with
			 applicable federal, state, and local statutes and rules, the owner or operator
			 shall do the following:
(1)
									Notify the following:
(a)
										If a spill needs
			 to be reported in accordance with Chapter 3750-25 of the Administrative
			 Code:
(i)
											Ohio
			 EPA emergency response twenty-four-hour telephone service for spill
			 reporting.
(ii)
											For a licensed facility, the licensing
			 authority.
(iii)
											For a permitted facility, the permitting
			 authority.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-450 - Conveyance pipes

Current through all regulations passed and filed through July 1, 2024
(A)
								Conveyence pipes shall meet the following
			 criteria:
(1)
									
			 For pressurized pipes, be composed of high density polyethylene (HDPE), unless
			 an alternative material is approved in accordance with rule
			 3745-512-17
			 of the Administrative Code.
(2)
									Be resistant to
			 crushing and deformation under the expected maximum loads and
			 settlement.
(3)
									Be resistant to buoyancy.
(4)
									Be solid
			 wall.
(5)
									Be permanently joined together.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-512 - Construction › Section 3745-512-460 - Tanks

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or operator shall visually inspect each tank
			 to identify any leak, repair each leak found, and test the repair. Testing
			 using air pressure shall be at twice the hydrostatic pressure at the bottom of
			 the tank when the tank is full.
(B)
								Certification of
			 each tank by the owner or operator shall include the following:
(1)
									Record drawings
			 depicting the location of the tank and spill containment, as
			 constructed.
(2)
									Record drawings showing the details of the tank, spill
			 containment, and load-out facilities, as constructed.
(3)
									Results of all
			 testing and verification that the tank meets the standards in paragraph (A) of
			 this rule and the specifications in the authorizing document.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-513 - Activities › Section 3745-513-01 - Procedure to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or solid waste facility was operated - applicability

Current through all regulations passed and filed through July 1, 2024
(A)
								This chapter is
			 the multi-program chapter for any person proposing to engage in chapter 513
			 activities.
(B)
								Unless otherwise excluded by rule
			 3745-513-05 of the
			 Administrative Code or authorized pursuant to this chapter, no person shall
			 engage in chapter 513 activities.
(C)
								In addition to
			 the multi-program rules made applicable by reference in this chapter, the
			 following multi-program rules apply to this chapter:
(1)
									Rule
			 3745-500-35
			 of the Administrative Code regarding certain relationships among program
			 chapters, multi-program chapters, and other rules.
(2)
									Rule
			 3745-500-210
			 of the Administrative Code for requesting a variance from this
			 chapter.
(3)
									Rule
			 3745-500-220
			 of the Administrative Code for requesting an exemption from this
			 chapter.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-513 - Activities › Section 3745-513-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
If a term used in this chapter is
				defined in rule
				3745-500-02
				of the Administrative Code, the definition in rule
				3745-500-02
				of the Administrative Code is applicable to this chapter unless the term is
				defined in this rule. As used in this chapter:
(A)
								"Ancillary
			 structure" means any engineered structure that is necessary to ensure
			 protection of human health, safety, and the environment including but not
			 limited to the following:
(1)
									An explosive gas extraction and control
			 system.
(2)
									An explosive gas monitoring system.
(3)
									A ground water
			 monitoring system.
(4)
									A leachate management system.
(5)
									A surface water
			 management system.
(6)
									Any other engineered structure that is necessary to
			 ensure protection of human health, safety, and the environment.