Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-40 - Submittal of hazardous waste permit applications

Current through
			 all regulations passed and filed through July 1, 2024
(A) New hazardous waste facilities.
(1) No person shall begin physical
			 construction of a new hazardous waste facility without having submitted "Part
			 A" and "Part B" of a permit application to the director and having received an
			 effective Ohio hazardous waste facility installation and operation permit. An
			 application shall be submitted to the director at least one hundred eighty days
			 before physical construction is expected to commence.
(2) Application submittal.
(a) Prior to the submittal of a complete
			 application for a hazardous waste facility installation and operation permit,
			 the applicant shall hold at least one meeting in the township or municipal
			 corporation in which the facility is proposed to be located, whichever is
			 geographically closer to the proposed location of the facility. The meeting
			 shall be open to the public and shall be held to inform the community of the
			 proposed hazardous waste management activities and to solicit questions from
			 the community concerning the activities. The applicant shall provide to the
			 director evidence of the meeting and document community questions concerning
			 the proposed activities. The pre-application notice requirements are further
			 specified in paragraph (A)  of rule
			 3745-50-39
			 of the Administrative Code.
(b) If
			 the application is for a proposed hazardous waste disposal or thermal treatment
			 facility, at least ninety days before the permit
			 application is submitted to the director, the applicant also shall give
			 actual notice of the general design and purpose of the facility to the
			 legislative authority of each municipal corporation, township, and county in
			 which the facility is proposed to be located .
(3)
			 Upon receipt of a complete application for a hazardous waste facility
			 installation and operation permit, the director will consider the application
			 and accompanying information to determine whether the application complies with
			 division (D)(2) of section
			 3734.05 of
			 the Revised Code and with the hazardous waste rules. The director will also
			 consider such other information as is relevant to the installation and
			 operation of the facility.
(4) Upon
			 completion of the review pursuant to paragraph (A)(3) of this rule, the
			 director will:
(a) Issue a draft permit or a
			 notice of intent to deny the permit application; and
(b) Give public notice, in a newspaper having
			 general circulation in the county in which the facility is located, and over a
			 local radio station, of the following:
(i)
			 The issuance of the draft permit or notice of intent to deny the permit
			 application; and
(ii) An
			 announcement of a sixty-day
			 comment period, and the name and address of an Ohio EPA contact person to whom
			 comments shall be sent; and
(iii)
			 The date for a public meeting which shall be held in the county in which the
			 facility is located, not fewer than thirty days after the public notice. At the
			 public meeting, any person may submit written or oral comments relevant to the
			 permit application and draft permit or notice of intent to deny the permit
			 application; and
(iv) The public
			 notice in paragraph (A)(4)(b) of this rule also
			 shall contain:
(a) A summary of the application and the
			 draft permit or notice of intent to deny the permit application;
(b) The location of the facility;
(c) A description of the hazardous waste
			 activity;
(d) The location where a
			 copy of the application and draft permit or notice of intent to deny the permit
			 application are available; and
(e)
			 The statement that any person may submit written comments relevant to the
			 permit application and draft permit or notice of intent to deny the permit
			 application.
(5) Not later than one hundred eighty days
			 after the end of the public comment period in paragraph (A)(4)(b)(ii) of this
			 rule, the director, without prior hearing, will issue or deny the permit in
			 accordance with Chapter 3734. of the Revised Code. If the director approves an
			 application for a hazardous waste installation and operation permit, the permit
			 issued will include such terms and conditions as the director finds are
			 necessary to ensure the construction and operation of the hazardous waste
			 facility are in accordance with division (D) of section
			 3734.05 of
			 the Revised Code.