Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-501 - Licensing › Section 3745-501-15 - Criteria for issuing or denying facility licenses

Current through all regulations passed and filed through July 1, 2024
(A) The licensing authority shall not issue a
			 facility license unless the following criteria are met:
(1) The applicant for the license is the
			 owner or operator and, if the applicant does not own all of the real property
			 upon which the facility is or will be located, has written permission from each
			 owner to apply for the license.
(2)
			 The owner or operator holds a valid permit to install or a registration, if
			 required by rules adopted under Chapter 3714. or Chapter 3734. of the Revised
			 Code.
(3) In the case of an initial
			 facility license, the facility has been inspected by Ohio EPA and the approved
			 board of health, if applicable, and has been determined to be constructed in
			 accordance with all authorizing documents and applicable rules and is
			 adequately prepared for operations.
(4) The detail plans have been approved by
			 the director if required by section
			 3734.05 of
			 the Revised Code.
(5) The owner or
			 operator has demonstrated that appropriate approvals and authorizations have
			 been obtained including but not limited to approvals and authorizations
			 required pursuant to Chapters 3704. and 6111. of the Revised Code.
(6) The license application conforms to rule
			 3745-501-10
			 or rule
			 3745-501-12
			 of the Administrative Code, as applicable.
(7) Closure of the facility is not required
			 by rules adopted under Chapter 3714. or 3734. of the Revised Code or by an
			 effective order issued by the director, the approved board of health, the
			 environmental review appeals commission, or a court of competent
			 jurisdiction.
(8) The owner or
			 operator submitted a complete license application for renewal to the licensing
			 authority by December thirty-first of the current license period.
(9) Financial assurance for the facility has
			 been established and maintained for closure and post-closure care, as
			 applicable, and documentation of the financial assurance has been submitted in
			 accordance with Chapter 3714. or Chapter 3734. of the Revised Code and rules
			 adopted thereunder.
(10) The owner
			 and operator, at facilities they own or operate, are in substantial compliance
			 with, or are on a legally enforceable schedule through issuance of an
			 administrative consent order or judicial consent order to attain compliance
			 with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code. An
			 owner or operator is not in substantial compliance with Chapters 3704., 3714.,
			 3734., and 6111. of the Revised Code if the owner or operator has committed a
			 significant or material violation of an environmental law or has committed
			 numerous, other violations of environmental laws such that the violations
			 reveal a practice of noncompliance with environmental laws.
(11) The owner and operator, at facilities
			 they own or operate or facilities they previously owned or operated, have
			 maintained a history of compliance with Chapters 3704., 3714., 3734., 3745.,
			 and 6111. of the Revised Code by resolving all administrative and judicial
			 enforcement actions that were brought against them which were based on a
			 significant or material violation of an environmental law, or were based on
			 numerous, other violations of environmental laws that revealed a practice of
			 noncompliance with environmental laws. For purposes of this rule, an
			 enforcement action has been resolved if the owner or operator has entered into
			 an administrative consent order or judicial consent order with regard to the
			 violation of environmental laws, or the owner or operator has adjudicated the
			 issue of whether they are in violation of environmental laws to
			 finality.
(12) The owner and
			 operator exhibit sufficient reliability, expertise, and competency to operate
			 the facility in substantial compliance with environmental laws in this state as
			 a result of, and including but not limited to, the assets, employees,
			 equipment, and other resources available at, and dedicated to, the
			 facility.
(13) For a construction
			 and demolition debris facility, all portions of the proposed facility meet the
			 requirements of rule
			 3745-400-06
			 of the Administrative Code.
(14)
			 For a construction and demolition debris processing facility, the application
			 demonstrates compliance with the applicable provisions of divisions (E) and (F)
			 of section
			 3714.06
			 of the Revised Code.
(15)
									The applicant for a single license governing a
			 construction and demolition debris facility and a co-located processing
			 facility is the owner or operator of both the construction and demolition
			 debris facility and the co-located processing facility.