Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-303 - Criteria for approval and denial of a scrap tire storage facility permit to install or registration certificate application

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 class I scrap tire storage
			 facility permit to install or a class II scrap tire storage facility
			 registration certificate unless the director determines all of the
			 following:
(1)
									General criteria.
(a)
										The establishment or modification and operation of the
			 scrap tire storage facility will not violate Chapter 3704., 3734., 3745., or
			 6111. of the Revised Code and the rules adopted thereunder.
(b)
										An applicant or
			 person listed as the owner or operator of the scrap tire storage facility 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 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. An
			 applicant or person listed as the owner or operator of the scrap tire storage
			 facility is not in substantial compliance with Chapters 3704., 3714., 3734.,
			 3745., and 6111. of the Revised Code if the applicant or person listed as the
			 owner or operator of the scrap tire storage facility 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.
(c)
										The applicant or
			 person listed as the owner or operator of the scrap tire storage facility 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, 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 owner or operator of the
			 scrap tire storage facility has entered into an administrative consent order or
			 judicial consent order with regard to the violation of environmental laws, or
			 the owner or operator of the scrap tire storage facility has adjudicated the
			 issue of whether they are in violation of environmental laws to
			 finality.
(d)
										For an initial application, the applicant has submitted
			 a draft financial assurance instrument and the closure cost estimate calculated
			 in accordance with rules
			 3745-503-05 and
			 3745-580-22 of the
			 Administrative Code.
(e)
										For an application submitted for a modification, the
			 applicant has submitted the closure cost estimate calculated in accordance with
			 rule 3745-580-22 of the
			 Administrative Code.