Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-103 - Criteria for approval, denial, suspension, or revocation of an annual registration certificate for a scrap tire transporter

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 an application for a scrap tire transporter
			 registration certificate unless the director determines all of the
			 following:
(1)
									The applicant or person listed as the operator of the scrap
			 tire transportation operation is 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 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. An applicant or person listed as the operator is not in substantial
			 compliance with Chapters 3704., 3714., 3734., and 6111. of the Revised Code if
			 the applicant 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.
(2)
									The applicant or person listed as the operator has
			 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 they have previously owned or operated.
			 For purposes of this rule, an enforcement action has been resolved if the
			 operator has entered into an administrative consent order or judicial consent
			 order with regard to the violation of environmental laws, or the operator has
			 adjudicated the issue of whether it is in violation of environmental laws to
			 finality.
(3)
									A financial assurance instrument has been executed and
			 funded in accordance with rule
			 3745-580-23 of the
			 Administrative Code.
(4)
									Siting criteria. The scrap tire transporter sorting
			 areas are not located within the following:
(a)
										A
			 park.
(b)
										One thousand feet from the boundaries of the following
			 natural areas:
(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 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.
(c)
										Two hundred feet from stream segments designated by
			 Ohio EPA as either a state resource water, a coldwater habitat, or an
			 exceptional warmwater habitat.
(5)
									Fifty feet from
			 buildings not owned or leased by the scrap tire transporter or fifteen feet
			 from buildings owned or leased by the scrap tire transporter.
(6)
									The scrap tire
			 sorting areas are in compliance with rule
			 3745-580-110 of the
			 Administrative Code or an approved scrap tire facility permit or registration
			 certificate, if applicable.