Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-27 - Solid Waste and Infectious Waste Regulations › Section 3745-27-03 - Exemptions and variances

Current through all regulations passed and
			 filed through July 1, 2024
(A)
								Chapters 3745-27,
			 3745-29, 3745-30 and 3745-37 of the Administrative Code shall not apply to the
			 following activities or facilities:
(1)
									Solid wastes generated within a single-family residence
			 and disposed of on the premises where generated in a manner that does not
			 create a nuisance or health hazard.
(2)
									The temporary
			 storage of solid wastes, other than scrap tires, prior to collection for
			 disposal or transfer. The temporary storage of putrescible solid wastes in
			 excess of seven days, or temporary storage of any solid wastes where such
			 storage causes a nuisance or health hazard in the judgment of the health
			 commissioner or the director or their authorized representative shall be
			 considered open dumping.
In addition, Chapters 3745-27 and
				3745-37 of the Administrative Code shall not apply to the storage of one
				hundred or fewer scrap tires unless they are stored in such a manner that, in
				the judgment of the director or the board of health of the health district in
				which the scrap tires are stored, the storage causes a nuisance, a hazard to
				public health or safety, or a fire hazard.
(3)
									Vehicles used for
			 hauling solid wastes other than scrap tires.
(4)
									The beneficial
			 use of coal combustion byproducts at coal mining and reclamation operations and
			 abandoned mine lands that are regulated and authorized by the Ohio department
			 of natural resources pursuant to section
			 1513.02 of the Revised
			 Code.
(5)
									Incinerators or energy recovery facilities that
			 incinerate wastes generated on one or more premises owned by the person who
			 owns the incinerator or energy recovery facility. This does not include a
			 facility that treats infectious waste pursuant to Chapter 3734. of the Revised
			 Code.
(6)
									A junk yard or scrap metal processing facility licensed
			 pursuant to Chapter 4737. of the Revised Code, or a motor vehicle salvage
			 business licensed pursuant to Chapter 4738. of the Revised Code. This exemption
			 does not apply to the management, use, collection, storage, recovery, disposal,
			 or beneficial use of scrap tires at a junk yard, scrap metal processing
			 facility, or motor vehicle salvage business, and shall not be construed to
			 include sites where open dumping or open burning has occurred.
(7)
									Pond and lagoon
			 operations regulated under Chapter 6111. of the Revised Code.
(8)
									Sewage sludge
			 disposal, use, transportation or storage as approved under Chapter 6111. of the
			 Revised Code.
(9)
									Land application of the following solid wastes
			 authorized under Chapter 6111. of the Revised Code:
(a)
										Agricultural
			 waste for incorporation into soil as a soil amendment or for agricultural or
			 horticultural applications, provided that all of the following conditions are
			 met:
(i)
											The
			 agricultural waste is limited to source-separated non-processed plant materials
			 including stems, leaves, vines, roots, and raw vegetables, fruits, and
			 grains.
(ii)
											The agricultural waste is land-applied exclusively on
			 fields owned by the owner of the agricultural production operation that
			 generated the agricultural waste.
(iii)
											The land
			 application of the agricultural waste does not create a nuisance or health
			 hazard in the judgment of the health commissioner or the
			 director.
(b)
										Pulp or paper sludge from wastewater treatment
			 works.
(c)
										Sawdust.
(d)
										Compost product
			 blended with a solid waste.
(e)
										Lime-based or
			 gypsum-based waste including but not limited to flue gas desulfurization
			 sludge, lime kiln, or cement kiln dust.
(10)
									A combustion
			 unit permitted and operating under an air permit that uses solid wastes as
			 fuels or ingredients in accordance with 40 C.F.R. Part 241 and rule
			 3745-599-10
			 of the Administrative Code.
(11)
									Infectious
			 wastes generated on the premises of a single-family residence not utilized for
			 commercial purposes.
(12)
									Infectious wastes generated by individuals for the
			 purposes of their own care or treatment that are disposed of with solid wastes
			 from the individual's residence.
(13)
									Tree stumps not
			 otherwise exempted by this rule or Chapter 3734. of the Revised Code that are
			 disposed in a licensed construction and demolition debris disposal
			 facility.
(14)
									Controlled substances handled in accordance with
			 Chapters 4729. and 3719. of the Revised Code or materials that have been
			 ordered destroyed by a court of law that are destroyed at facilities licensed
			 for the treatment of infectious waste.
(15)
									Land application
			 of yard waste for incorporation into soil as a soil amendment, for agricultural
			 or horticultural applications, or for land reclamation, provided that such land
			 application does not create a nuisance or health hazard in the judgment of the
			 health commissioner or the director.
(16)
									The disposal of
			 animals destroyed because of a dangerously infectious or contagious disease in
			 accordance with section
			 941.14 of the Revised
			 Code.