Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-803 - Criteria for approval and denial of a scrap tire beneficial use project

Current through all regulations passed and filed through July 1, 2024
(A)
								An application notwithstanding any deficiency, may be
			 considered and acted upon if sufficient information is contained in the
			 application for the director to determine whether the criteria set forth in
			 this rule are satisfied.
(B)
								Approval. The director shall not approve a project for
			 the beneficial use of scrap tires unless the director determines all of the
			 following:
(1)
									The proposed beneficial use will not violate Chapter 3704.,
			 3714., 3734., or 6111. of the Revised Code.
(2)
									The proposed
			 beneficial use as described in the project will provide a sound engineering or
			 financial benefit and is capable of being constructed and completed in
			 accordance with rules
			 3745-580-800 to
			 3745-580-810 of the
			 Administrative Code, as applicable.
(3)
									The beneficial
			 use as described in the project will not create a nuisance or hazard to public
			 health or safety or the environment.
(4)
									All proposed
			 scrap tire storage areas meet the requirements of rule
			 3745-580-810 of the
			 Administrative Code.
(5)
									The property owner and the applicant for the beneficial
			 use are in substantial compliance with, or is on a legally enforceable schedule
			 through issuance of an administrative consent order or judicial consent order
			 to attain compliance with applicable provisions of Chapters 3704., 3714.,
			 3734., 3745., and 6111. of the Revised Code at scrap tire transportation
			 operations, construction and demolition debris facilities, construction and
			 demolition debris processing facilities, or solid waste facilities they own or
			 operate. A property owner and an applicant are not in substantial compliance
			 with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code if the
			 property owner or applicant have 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.
(6)
									The property owner and the applicant 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 that 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 at scrap tire transportation operations, construction and
			 demolition debris facilities, construction and demolition debris processing
			 facilities, or solid waste facilities they own or operate or at scrap tire
			 transportation operations, construction and demolition debris facilities,
			 construction and demolition debris processing facilities, or solid waste
			 facilities they have previously owned or operated. For purposes of this rule,
			 an enforcement action has been resolved if the property owner or applicant has
			 entered into an administrative consent order or judicial consent order with
			 regard to the violation of environmental laws, or the property owner or
			 applicant has adjudicated the issue of whether they are in violation of
			 environmental laws to finality.
(7)
									All proposed
			 scrap tire storage areas including portable containers are not located within
			 the following:
(a)
										One hundred feet from any buildings or structures not
			 owned or leased by the property owner or the applicant for the beneficial
			 use.
(b)
										A regulatory floodplain.
(c)
										A park in
			 existence on the date of receipt of the application by Ohio
			 EPA.
(d)
										One thousand feet of the following natural areas in
			 existence on the date of receipt of the application by Ohio EPA:
(i)
											Areas designated
			 by the Ohio department of natural resources as either a state nature preserve,
			 a state wildlife area, or a state wild, scenic, or recreational river area,
			 including areas designated by section
			 1517.05 or
			 1547.81 of the Revised
			 Code.
(ii)
											Areas designated, owned, and managed by the Ohio
			 history connection as a nature preserve.
(iii)
											Areas
			 designated by the United States department of the interior as either a national
			 wildlife refuge or a national wild, scenic, or recreational
			 river.
(iv)
											Areas designated by the United States forest service as
			 either a special interest area or a research natural area in the Wayne national
			 forest.
(v)
											Stream segments designated by Ohio EPA as either a
			 state resource water, a coldwater habitat, or an exceptional warmwater
			 habitat.
(e)
										Two hundred feet from surface waters of the
			 state.
(f)
										Five hundred feet from a domicile not owned by the
			 applicant.
(g)
										One hundred feet of any property line.