reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-352 - Cessation of Regulated Operations (CRO) Rules › Section 3745-352-40 - How can I get a waiver from complying with certain requirements of rule 3745-352-20 of the Administrative Code?

Current through all regulations passed and filed through July 1, 2024
You must comply with the provisions in this rule.
(A) What do I need to do? You can ask for a
			 waiver from complying with paragraphs (A)(1)(b) to (A)(1)(c) and (A)(2) of rule
			 3745-352-20
			 of the Administrative Code only if you will be temporarily discontinuing all
			 regulated operations at the facility for a period exceeding three hundred
			 sixty-five days. To request a waiver, you must submit your request within
			 forty-five days after the discontinuation of all regulated operations, using
			 form EPA 0327. The request must include the following:
(1)
									One copy of an interim maintenance
			 and operation plan for the reporting facility that contains the following:
(a) A brief description of:
(i) The facility name, address, and other
			 appropriate identification that describes the physical location of the
			 facility, such as the longitude and latitude coordinates;
(ii) The land use of the adjacent properties;
			 and
(iii) The regulated operations
			 including all use, treatment, and storage of regulated substances which
			 occurred at the facility within the last three years from the filing date of
			 the waiver application;
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A)
(1)
			 "Administrative change" means an amendment to an authorizing document that does
			 not constitute a modification or alteration to the processing facility or
			 permit to install for the processing facility. An administrative change is not
			 an action.
(2) "Alteration" means a
			 change other than a modification to a processing facility or an administrative
			 change to a permit to install issued pursuant to Chapter 3714. of the Revised
			 Code and the rules adopted thereunder for a processing facility.
(3) "Applicant" means any person who has
			 applied for an authorizing document in accordance with Chapter 3714. of the
			 Revised Code and the rules adopted thereunder.
(4) "Approved board of health" means a board
			 of health placed on the approved list by the director in accordance with
			 section
			 3714.09
			 of the Revised Code.
(5) "Aquifer
			 system" means one or more geologic units or formations that are wholly or
			 partially saturated with water and are capable of storing, transmitting, and
			 yielding significant amounts of water to wells or springs.
(6) "Assets" means all existing and all
			 probable future economic benefits obtained or controlled by a particular
			 entity.
(7) "Authorizing document"
			 or "authorization" means a document issued, approved, or concurred with by the
			 director, Ohio EPA, an approved board of health, the Ohio environmental review
			 appeals commission, or a court of competent jurisdiction that describes
			 activities that a person is either required to do, allowed to do, or prohibited
			 from doing, pursuant to and in compliance with applicable rules, statutes, and
			 orders. Authorizing document includes but is not limited to a permit, license,
			 registration, acknowledgment of registration, operator certification, plan,
			 alteration, approval to use an alternate material, and order.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-03 - Facility and processing facility exclusions

Current through all regulations passed and filed through July 1, 2024
This chapter is not applicable to the
				following:
(A)
								Construction debris, trees, or brush removed in
			 clearing a construction site and used as fill material on the site where the
			 materials are generated or removed.
(B)
								Clean hard fill
			 used either alone or in conjunction with clean soil, sand, gravel, or other
			 clean aggregates in legitimate fill operations.
[Comment: Rule
				3745-400-05 of
				the Administrative Code requires a notice of intent to fill when clean hard
				fill is placed off the site of generation.]
(C)
								Any processing
			 facility that consists solely of containers that have an aggregate volume of
			 fifty cubic yards or less, as long as the construction and demolition debris is
			 not placed on a working surface or on any equipment used to separate
			 construction and demolition debris into individual types of
			 materials.
(D)
								 The transporting of portable containers of
			 construction and demolition debris from a location to a construction and
			 demolition debris facility or processing facility if the storage of the
			 construction and demolition debris does not exceed seven days and the
			 construction and demolition debris remains containerized.
Replaces: 3745-400-03
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-04 - Authorized, limited, and prohibited construction and demolition debris disposal methods

Current through all regulations passed and filed through July 1, 2024
(A)
			 Construction and demolition debris shall be disposed of only by the following
			 methods or combination thereof:
(1) Disposal
			 in a licensed construction and demolition debris facility.
(2) Disposal in a solid waste disposal
			 facility, as defined in rule
			 3745-27-01 of the
			 Administrative Code and licensed in accordance with Chapter 3745-37 of the
			 Administrative Code.
(3) Disposal
			 by means of open burning, as defined in Chapter 3745-19 of the Administrative
			 Code, if permitted as provided therein.
(4) Other methods not prohibited by
			 this chapter of the Administrative Code, provided that
			 such methods are demonstrated to the satisfaction of the licensing authority to
			 be capable of disposing of construction and demolition debris without creating
			 a nuisance or a health hazard, without causing water pollution, and without
			 violating these regulations and any regulation adopted by the director pursuant
			 to Chapters 3704. (air pollution control) and 3734. (solid and hazardous
			 wastes) of the Revised Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-05 - Clean hard fill

Current through all regulations passed and filed through July 1, 2024
(A)
			 Clean hard fill consisting of reinforced or nonreinforced concrete, asphalt
			 concrete, brick, block, tile, or stone shall be managed in one or more of the
			 following ways:
(1) Recycled into a usable
			 construction material.
(2) Disposed
			 in licensed construction and demolition debris or other waste
			 facilities.
(3) Used in legitimate
			 fill operations for construction purposes or to bring the site up to a
			 consistent grade, on the site of generation.
(4) Used in legitimate fill operations for
			 construction purposes or to bring the site up to a consistent grade, on a site
			 other than the site of generation, pursuant to paragraph (C) of this rule.
[Comment: Use of clean hard fill may create a nuisance or a
				safety hazard. The application of cover over the clean hard fill may be one way
				to address the nuisance or safety hazard.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-07 - Design requirements and construction specifications

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall submit the
			 facility design plan 
			 as part of the license application. The facility design plan shall contain
			 information in accordance with  this rule for the facility and, if
			 applicable, for a co-located processing facility and
			  be comprised of all the following:
(1) The site characterization report as
			 outlined in paragraph (C) of rule
			 3745-400-09
			 of the Administrative Code.
[Comment: The presentation of narrative in the site
				characterization report is not specified, narrative may be presented on plan
				sheets or on letter or legal sized paper.]
(2) The  construction design plan as outlined in paragraph (F) of this rule.
(3) The final cap system design plan as
			 outlined in paragraph (G) of this rule.
(4) The ground water monitoring well system
			 plan as outlined in rule 3745-400-10 of the Administrative Code if required by
			 paragraph (B) of rule
			 3745-400-09
			 of the Administrative Code.
[Comment: This rule first specifies the design plan contents
				followed by applicable construction or performance specifications. Those items
				specified by the plan as for "informational purposes only" are not required to
				be certified.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-09 - Site characterization

Current through all regulations passed and filed through July 1, 2024
(A) Site characterization for employment of
			 the recompacted soil liner requirement.
(1) A
			 recompacted soil liner, as described in paragraph (F)(5)(a) of rule
			 3745-400-07
			 of the Administrative Code, is required for all unfilled areas in a facility
			 except when the in situ or added geologic material separating the uppermost
			 aquifer system from the bottom of the leachate collection
			 system in unfilled areas meets the criteria in paragraphs (A)(2) and (A)(3) of
			 this rule and one of the following:
(a) When,
			 in a facility that was in
			 operation or under construction on September 30, 1996, the in situ
			 or
			 added geologic material separating the uppermost aquifer
			 system from all placed debris meets the criteria in
			 paragraphs (A)(2) and (A)(3) of this rule.
(b) When the unfilled areas of
			 a
			 facility that was in operation or under construction on
			 September 30, 1996 meet the requirements of paragraph (A)(1) of this rule
			 and a barrier layer is constructed on existing placed debris in accordance with
			 paragraph (F)(5)(d) of rule
			 3745-400-07
			 of the Administrative Code.
(c)
			 When the unfilled areas of 
										a facility that was in
			 operation or under construction on September 30, 1996 meet the
			 requirements of paragraph (A)(1) of this rule and a minimum fifteen foot
			 horizontal separation exists between existing placed debris and the limits of
			 debris placement in unfilled areas.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-11 - Operations

Current through all regulations passed and filed through July 1, 2024
(A) Applicability.
			 The owner or operator shall comply with the requirements and operational
			 criteria specified in this rule until final closure has been completed in
			 accordance with  rule
			 3745-400-12
			 of the Administrative Code, as specified in this paragraph as follows:
(1) For active licensed disposal areas,
			 paragraphs (B)(1) to (B)(17), (C), (D), (E)(1) to (E)(3),
			 (F), (G), (H)(1), and (I) to (S) of this rule.
(2) For inactive licensed disposal areas
			 where no debris has been disposed,  paragraphs
			 (B), (C), and (Q)(1) of this rule.
(3) For inactive licensed disposal areas
			 where debris has been disposed,  paragraphs
			 (B), (C), (E), and (N) to (S) of this rule, as applicable.
(4)
									In addition to any applicable provisions of paragraphs
			 (A)(1) to (A)(3) of this rule, for a co-located processing facility, paragraphs
			 (B)(1), (B)(5), (B)(6), (B)(9) to (B)(18), (C), (E), (F)(1), (F)(2), (F)(4),
			 (F)(5), (G) to (M), (Q), and (S) (1) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-12 - Final closure

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner
			 or operator shall complete closure  in a manner that reasonably
			 accomplishes the following:
(1) Minimizes the
			 need for maintenance .
(2) Prevents the
			 failure of final slopes.
(3)
			 Protects public health and safety and the environment.
(4) Does not create a nuisance or fire
			 hazard.
(5) Does not cause or
			 contribute to air or water pollution.
(6) Minimizes erosion; infiltration of
			 surface water; production of leachate; production of hydrogen sulfide, other
			 gases, and odors; and accumulation and runoff of contaminated surface
			 water.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-14 - Wording of the financial assurance instruments

Current through all regulations passed and filed through July 1, 2024
(A) Trust agreement.
(1) The trust agreement for the trust fund
			 specified in paragraph (B) of rule
			 3745-400-13
			 of the Administrative Code and the trust fund agreement for the trust fund
			 specified in paragraph (B) of rule
			 3745-400-18
			 of the Administrative Code shall be worded as follows on forms prescribed by
			 the director, except that instructions in brackets are to be replaced with the
			 relevant information and the brackets deleted:
"Trust agreement
Trust agreement. The "agreement", entered into as of [date] by
				and between [name of the owner or operator of the
				construction and demolition debris facility or construction and demolition
				debris processing facility], a [state] [corporation, partnership,
				association, proprietorship], the "grantor", and [name of corporate trustee],
				["incorporated in the state of _____" or "a national bank"], the
				"trustee".
Whereas, the Ohio Environmental Protection Agency, ("Ohio
				EPA"), has established certain rules applicable to the grantor, requiring that
				the owner or operator of a construction and demolition debris disposal facility
				or a construction and demolition debris processing
				facility provide assurance that funds will be available when needed for
				final closure of the facility or postclosure care, as
				applicable.
Whereas, the grantor has elected to establish a trust to
				provide all or part of such financial assurance for the facilities identified
				herein.
Whereas, the grantor, acting through its duly authorized
				officers, has selected the trustee to be the trustee under this agreement, and
				the trustee is willing to act as trustee,
Now, therefore, the grantor and the trustee agree as
				follows:
Section 1. Definitions. As
			 used in this agreement:
(a) The term "grantor"
			 means the owner or operator of the construction and
			 demolition debris facility or construction and demolition debris processing
			 facility who enters into this agreement and any successors or assigns of
			 the grantor.
(b) The term "trustee"
			 means the trustee who enters into this agreement and any successor
			 trustee.
(c) The term "licensing
			 authority" means a city or general health district as created by or under
			 authority of Chapter 3709. of the Revised Code, which is on the approved list
			 in accordance with section
			 3714.09
			 of the Revised Code, or the director where the health district is not on the
			 approved list.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-15 - Modifications and exemptions

Current through all regulations passed and filed through July 1, 2024
(A) Facility modifications. The following
			 shall be deemed a modification to a construction and demolition debris
			 facility:
(1) Any extension beyond the
			 approved limits of debris placement specified in the valid operating license;
			 or
(2) Any extension beyond the
			 active licensed disposal area specified in the valid operating license; or
(3) Any other substantial change
			 to the approved facility design plan contained in the valid operating license.
[Comment: The contents of the facility design plan are
				specified in rule
				3745-400-07
				of the Administrative Code. Changes to operational activities are not
				modifications, since the operational aspects of the facility change annually by
				means of the license review and approval process.]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-16 - Post-closure care of a construction and demolition debris facility

Current through all regulations passed and filed through July 1, 2024
(A) Unless the
			 owner or operator of the construction and demolition debris facility has
			 complied with paragraph (B)(1) of this rule, an owner or operator of a facility
			 that has accepted construction and demolition debris in calendar year 2006 or
			 later shall conduct post-closure care activities at the construction and
			 demolition debris facility upon the licensing authority's written concurrence
			 with the final closure certification report for the facility.
(B) Post-closure care activities shall be
			 conducted for five years unless the one of the following applies:
(1) With respect to a facility that
			 permanently ceased acceptance of construction and demolition debris in calendar
			 year 2006, the post-closure care and post-closure care financial assurance
			 requirements do not apply, provided that the owner or operator of the facility
			 gave written notice of the date of the cessation to the
			  director
			 or health commissioner of the licensing
			 authority, the owner or operator of the facility did not submit a
			 subsequent application for a license renewal for the facility after that
			 cessation, and no order was issued by the  director, health
			 commissioner of the licensing authority, or a court of competent
			 jurisdiction governing the post-closure care of and post-closure financial
			 assurance for that facility prior to the date specified in the written
			 notice.
(2) With respect to a
			 facility that permanently ceased acceptance of construction and demolition
			 debris in calendar year 2007, the required period of time for post-closure care
			 and post-closure care financial assurance shall be one year after the final
			 closure of the facility, provided that the owner or operator of the facility
			 gave written notice of the date of the cessation to the
			  director
			 or health commissioner of the licensing
			 authority, the owner or operator did not submit a subsequent application
			 for a license renewal for the facility after that cessation, and no order was
			 issued by the  director, the health commissioner of the
			 licensing authority, or a court of competent jurisdiction governing the
			 post-closure care of and post-closure care financial assurance for that
			 facility prior to the date specified in the written notice.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-17 - Procedures for issuance of an order extending the post-closure care period

Current through all regulations passed and filed through July 1, 2024
(A) The
			 post-closure care period may be extended by order of the
			  the director,
			 the health commissioner of the licensing
			 authority, or a court of competent jurisdiction if conditions at a
			 construction and demolition debris facility are impacting public health or
			 safety or the environment or if ground water assessment and ground water
			 corrective measures are required to be conducted at the facility in accordance
			 with rules adopted under Chapter 3714. of the Revised Code. The requirement to
			 maintain financial assurance for post-closure care may be extended if the
			 post-closure care period is extended pursuant to this rule.
(B) An order of the director or
			  health
			 commissioner of the licensing authority extending
			 the post-closure care period shall contain at a minimum the following
			 information:
(1) The identification and
			 location of the facility for which the post-closure care period is
			 extended.
(2) The effective date of
			 the order.
(3) A description of the
			 conditions at the facility that are impacting public health or safety or the
			 environment or whether ground water assessment or ground water corrective
			 measures are required to be conducted at the facility in accordance with rules
			 adopted under Chapter 3714. of the Revised Code.
(4) The length of the extended post-closure
			 care period established by the order.
(5) Any extension of the length of time that
			 financial assurance for post-closure care is required to be
			 maintained.
(6) A timeframe of at
			 least forty-five days for the submittal of the revised cost estimate and a
			 timeframe of at least ninety days for re-establishment of financial
			 assurance.
(7) Any terms or
			 conditions established by the order.
(8) A description of the post-closure care activities
			 required by paragraph (E) of rule
			 3745-400-16
			 of the Administrative Code that are to be continued during the extended
			 post-closure care period.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-18 - Financial assurance for post-closure care of construction and demolition debris facilities

Current through all regulations passed and filed through July 1, 2024
(A)
			 The owner or operator of a construction and demolition debris facility shall
			 establish and maintain financial assurance for post-closure care of the
			 facility as required by this rule. Financial assurance may be established and
			 maintained through the use of one of the options specified in paragraphs (B) to
			 (F) of this rule, unless it is demonstrated to the satisfaction of the
			 director or health commissioner
			  of the licensing authority that
			 an alternate option will guarantee funding for post-closure care. The owner or
			 operator may use the options in combination as specified in paragraph (G) of
			 this rule.
(1) Post-closure care cost
			 estimate. Financial assurance documentation shall include an itemized written
			 post-closure care cost estimate that calculates the cost of conducting the
			 post-closure care activities required by rule
			 3745-400-16
			 of the Administrative Code for all active licensed disposal areas and for all
			 inactive licensed disposal areas containing debris. The amount shall be
			 calculated in current dollars and be based upon a third party conducting all of
			 the post-closure care activities required by rule
			 3745-400-16
			 of the Administrative Code.
The owner or operator may demonstrate
				that the post-closure care cost estimate is based upon a third party conducting
				all of the post-closure care activities as required by rule
				3745-400-16
				of the Administrative Code by submitting one of the following:
(a)
										Three separate
			 cost quotes from three independent entities that are each valid for the
			 applicable license year.
(b)
										Invoices for specified services incurred by the owner
			 or operator at the facility over the previous license year, accompanied by
			 documentation that the entity will continue to offer the service at the same
			 cost for the applicable license year.
(c)
										Other
			 documentation acceptable to the director or health commissioner of the
			 licensing authority.
[Comment: Various aids are available to
				assist owners and operators in the development of financial assurance cost
				estimates through the Ohio EPA web page or by contacting Ohio EPA. Aides
				include but are not limited to recorded training on C&DD facility cost
				estimation, the "Financial Assurance Cost Estimation (FACE) spreadsheet," and
				"Financial Assurance FAQ's for Ohio C&DD Facilities."]
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-20 - Leachate sampling and analysis and additional requirements to monitor ground water for leachate parameters

Current through all regulations passed and filed through July 1, 2024
(A) Leachate sampling and analysis.
			 Throughout the operation, closure, and post-closure care, the owner or operator
			 shall do the following:
(1) Sample and test
			 leachate in accordance with the following unless the facility was licensed and
			 operating on December 22, 2005, and was not required to have a leachate
			 monitoring system on that date. For the purposes of this rule, a "leachate
			 monitoring system" is any leachate collection system that includes sump risers
			 or other access that can be used for collecting samples of leachate.
(a) Sampling frequency.
(i)
											The owner or
			 operator shall sample leachate at the facility at least annually.
(ii) If the owner or operator recirculates
			 leachate after January 1, 2013, the owner or
			 operator shall sample leachate at the facility at least quarterly.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-26 - Operator certification

Current through all regulations passed and filed through July 1, 2024
(A) An
			 individual meeting the qualifications contained in paragraph (B) of this rule
			 may submit an application for certification as a certified operator. Upon
			 issuance of a certification by the director, the individual is a certified
			 operator and may renew the certification in accordance with paragraph (F) of
			 this rule.
(B) Qualifications. An
			 applicant for certification or a certified operator for a construction and
			 demolition debris facility or construction and demolition debris processing
			 facility shall at a minimum meet the following qualifications:
(1) Have twelve months of work experience
			 pertaining to the day to day operations at either a construction and demolition
			 debris facility or construction and demolition debris processing facility as
			 defined in rule
			 3745-400-01 of the
			 Administrative Code, a sanitary landfill facility as defined in Chapter
			 3745-27 of the Administrative
			 Code, or other experience deemed acceptable by the director.
(2) Obtain a minimum of ten credit hours of
			 approved education training prior to certification and annually upon
			 certification. The education training credit hours shall be completed in
			 accordance with this rule and consist of the following:
(a) A minimum of two credit hours on the laws
			 governing construction and demolition debris facilities, construction and
			 demolition debris processing facilities, and disposal and transfer of
			 construction and demolition debris.
(b) A minimum of six credit hours on best
			 management practices including but not limited to operation and maintenance of
			 a construction and demolition debris facility or a construction and demolition
			 debris processing facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-52 - Processing facility design requirements

Current through all regulations passed and filed through July 1, 2024
Processing facility design plan. The
				processing facility design plan shall be signed and sealed by a professional
				engineer registered in Ohio. All drawings, calculations, and narrative shall
				appear on plan sheets with minimum dimensions of twenty-four inches by
				thirty-six inches. If narrative is necessary to explain the drawings or
				calculations, the narrative shall appear on the plan sheet with that drawing or
				calculation. At a minimum, the processing facility design plan shall contain
				the following:
(A)
								A cover sheet, to be numbered sheet one, that contains
			 the following information:
(1)
									The name, physical address, and mailing address of the
			 processing facility.
(2)
									The processing facility property line and processing
			 facility boundary to be shown on a road map with a scale of one inch equals no
			 greater than one mile.
(3)
									The name and address of each owner of the land on which
			 the processing facility is or will be located.
(4)
									The name and
			 address of the professional engineer who prepared the plan.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-56 - Financial assurance for final closure of processing facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Final closure cost estimate. The owner or operator of a
			 processing facility shall prepare a written final closure cost estimate
			 calculated in current dollars that is not less than the sum of the following,
			 adjusted as provided in paragraphs (C) and (D) of this rule:
(1)
									A fixed amount
			 calculated as follows:
(a)
										For a processing facility with a horizontal limits of
			 construction and demolition debris processing of two thousand five hundred
			 square feet or less, one thousand dollars.
(b)
										For a processing
			 facility with a horizontal limits of construction and demolition debris
			 processing of greater than two thousand five hundred square feet but less than
			 4.9 acres, ten thousand dollars.
(c)
										For a processing
			 facility with a horizontal limits of construction and demolition debris
			 processing of 4.9 acres but less than 10.0 acres, twenty-five thousand
			 dollars.
(d)
										For a processing facility with a horizontal limits of
			 construction and demolition debris processing of 10.0 acres or greater, fifty
			 thousand dollars.
(e)
										For a processing facility that meets all of the
			 criteria in paragraphs (A)(2) (b)(i) to (A)(2)(b)(vi) of this rule, zero
			 dollars.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-57 - Three year transition for final closure financial assurance for construction and demolition debris processing facilities

Current through all regulations passed and filed through July 1, 2024
(A)
								Notwithstanding
			 paragraph (B)(1) of rule 3745-400-56 of the Administrative Code, the owner or
			 operator of a processing facility for the license year 2023 may use a three
			 year transition period for funding financial assurance by submitting a written
			 notice each year of the transition period that complies with the
			 following:
(1)
									The initial written notice is submitted to the licensing
			 authority and the director concurrently with the initial license application
			 and, for a processing facility that was in operation on the effective date of
			 this rule, the initial license application and notice are submitted within the
			 time frame set forth in rule 3745-400-50 of the Administrative
			 Code.
(2)
									The written notices for the second and third years of
			 the transition period are submitted to the licensing authority and the director
			 concurrently with a timely processing facility license
			 application.
(3)
									The notice includes a statement affirming the intention
			 to use the three year transition period and is signed and certified by the
			 owner or operator in accordance with rule
			 3745-500-50 of the
			 Administrative Code.
(4)
									The notice includes the calculations and the final
			 closure transition amount applicable to the year of the transition period for
			 which the license is sought.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-58 - Processing facility operations

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or
			 operator of a processing facility shall comply with this rule until final
			 closure has been deemed complete in accordance with rule 3745-400-60 of the
			 Administrative Code.
(B)
								Construction requirements for processing facility
			 components. Prior to acceptance of construction and demolition debris, the
			 owner or operator of a processing facility shall construct the processing
			 facility in accordance with the facility design plan authorized in the permit
			 to install and the following specifications:
(1)
									Construct and
			 maintain roads to allow use in all weather conditions, withstand the
			 anticipated degree of use, and allow passage of loaded vehicles with minimum
			 dust generation or erosion. The owner or operator of a processing facility
			 shall employ measures necessary to minimize the incidence of mud, dirt, and
			 dust on public roads before vehicles leave the processing
			 facility.
(2)
									For a processing facility with horizontal limits of
			 construction and demolition debris processing within five hundred feet of an
			 occupied dwelling that is not owned by the owner or operator of the processing
			 facility, construct and maintain a barrier to minimize visibility of the
			 processing facility operations. The owner or operator of a processing facility
			 shall construct the barrier on sides of the horizontal limits of construction
			 and demolition debris processing with occupied dwellings in existence at the
			 time the initial permit to install application was submitted.
(3)
									Post and maintain
			 signs that are visible and legible from all access roads leading in to the
			 processing facility that include the following:
(a)
										A listing of
			 prohibited materials.
(b)
										Telephone numbers for emergency personnel including the
			 local fire department.
(c)
										Telephone number for the local board of
			 health.
(d)
										Telephone number for the appropriate Ohio EPA district
			 office.
(e)
										Name and telephone number of the processing facility
			 emergency contact.
(4)
									 Construct and
			 maintain a working surface that supports processing and transferring
			 operations. The working surface may be constructed of concrete, asphalt
			 concrete, gravel, clay, soil, or any other material capable of supporting the
			 weight of all material and equipment placed on the working surface during
			 processing and transferring operations.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-60 - Final closure of a processing facility

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or
			 operator of a processing facility shall conduct final closure when any of the
			 following occur:
(1)
									The owner or operator of a processing facility declares
			 to the licensing authority in writing that the processing facility will cease
			 accepting construction and demolition debris.
(2)
									The permit to
			 install issued for the processing facility expires, and no further permit to
			 install was applied for in the manner prescribed in rule 3745-400-50 of the
			 Administrative Code.
(3)
									The license issued for the processing facility expires,
			 and no further license was applied for in the manner prescribed in Chapter
			 3745-501 of the Administrative Code.
(4)
									Either the permit
			 to install or the license issued for the processing facility expires, and
			 another permit to install or license was applied for and denied as a final
			 action.
(5)
									Either the permit to install or license issued for the
			 processing facility is revoked as a final action.
(6)
									The owner or
			 operator of a processing facility is obligated to conduct final closure by
			 order of the director, approved board of health, Ohio environmental review
			 appeals commission, or a court of competent jurisdiction.
(7)
									For a processing
			 facility in operation prior to the effective date of this rule, a permit to
			 install was not applied for in the timeframe specified in rule 3745-400-50 of
			 the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-01 - General administration - applicability

Current through all regulations passed and filed through July 1, 2024
(A) The rules in this multi-program chapter
			  apply when referenced in either of
			 the following:
(1) A rule in a program
			 chapter.
(2) A rule in another
			 multi-program chapter that was made applicable by a rule in a program chapter.
Program chapters are Chapters 3745-27,
				3745-30, 3745-37, 3745-400, and 3745-520 to 3745-599 of the
				Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-02 - General administration- definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter and any chapter making these
				definitions applicable, terms in this rule are defined as follows:
(A)
(1)
			 "Administrative change" means an amendment to an authorizing document that does
			 not constitute a modification or alteration to the facility or permit to
			 install for the facility. An administrative change is not an action.
(2)
									"Advanced
			 recycling" has the same meaning as in section
			 3734.01 of the Revised
			 Code.
(3)
									"Advanced recycling facility" has the same meaning as
			 in section 3734.01 of the Revised
			 Code.
(4) "Alteration" means
			 a change to a facility from the requirements specified in the facility's
			 authorizing document that is at least equivalent to rule requirements. An
			 alteration is not a modification.
(5) "Applicant" means
			 any person who has applied for authorization in accordance with rules adopted
			 under Chapter 3714. or 3734. of the
			 Revised Code.
(6) "Approved board of
			 health" means a board of health of a health district placed on the approved
			 list by the director in accordance with section
			 3714.09 or
			 3734.08 of the Revised Code, as
			 applicable.
(7)
									"Approved health district" means a health district
			 placed on the approved list by the director in accordance with section
			 3714.09 or
			 3734.08 of the Revised Code, as
			 applicable.
(8)
			 "Asbestos-containing waste materials" has the same meaning as in rule
			 3745-20-01 of the Administrative
			 Code.
[Comment: Asbestos-containing waste materials includes
				asbestos-containing materials regulated under NESHAP, 40
				C.F.R.
				Part 61, Subpart M (1984).]
(9)
			 "Assets" means all existing and all probable future economic benefits obtained
			 or controlled by a particular person.
(10) "Authorizing
			 document" means a document issued, approved, or concurred with by the director,
			 Ohio EPA, an approved board of health, the Ohio environmental review appeals
			 commission, or a court of competent jurisdiction that describes activities that
			 a person is either required to do, allowed to do, or prohibited from doing,
			 pursuant to and in compliance with applicable rules, statutes, and orders.
			 Authorizing document includes but is not limited to a permit, license,
			 registration, acknowledgment of registration, plan, alteration, approval to use
			 an alternative material, and order.
(11) "Authorized
			 maximum daily waste receipt" or "AMDWR" means the maximum amount of solid waste
			 a solid waste disposal facility may receive at the gate in any calendar
			 day.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-03 - Incorporation by reference

Current through all regulations passed and filed through July 1, 2024
Incorporation by reference. The text of the incorporated
				materials is not included in the rules contained in Chapters
				3745-400 to 3745-599 of the Administrative Code. The
				materials listed in paragraph (B) of this rule are hereby made a part of the
				rules in Chapters 3745-400 to 3745-599 of the Administrative Code. For
				materials subject to change, only the specific version specified in this rule
				is incorporated. Any amendment or revision to a referenced document is not
				incorporated until this rule has been amended to specify the new
				version.
(A) Availability. The
			 materials incorporated by reference are available as follows:
(1) Government
			 literature. The availability of these documents is provided in paragraph
			 (B)(1)
			 of this rule. However, many of the documents are also available for inspection
			 and copying at most public libraries and "The State Library of Ohio."
(2) Other
			 publications. The availability of these documents is provided in paragraph
			 (B)(2)
			 of this rule. However, many of the documents are also available for inspection
			 and copying at most public libraries and "The State Library of
			 Ohio."
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-03 - Incorporation by reference

Current through all regulations passed and filed through July 1, 2024
Incorporation by reference. The text of the incorporated
				materials is not included in the rules contained in Chapters 3745-400 to
				3745-599 of the Administrative Code. The materials listed in paragraph (B) of
				this rule are hereby made a part of the rules in Chapters 3745-400 to 3745-599
				of the Administrative Code. For materials subject to change, only the specific
				version specified in this rule is incorporated. Any amendment or revision to a
				referenced document is not incorporated until this rule has been amended to
				specify the new version.
(A)
			 Availability. The materials incorporated by reference are available as follows:
(1) Government literature. The availability
			 of these documents is provided in paragraph (B)(1) of this rule. However, many
			 of the documents are also available for inspection and copying at most public
			 libraries and "The State Library of Ohio."
(2)
									Specifications of
			 the "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods, third
			 edition, including Volume IV, Field Manual (SW-846)." Information and copies
			 may be obtained by writing to: "National Technical Information Service, U.S.
			 Department of Commerce, 5301 Shawnee Road, Alexandria, VA 22312." The full text
			 is also available in electronic format at
https://www.epa.gov/hw-sw846/sw-846-compendium
.
(3) Other publications.
			 The availability of these documents is provided in paragraph
			 (B)(3)
			 of this rule. However, many of the documents are also available for inspection
			 and copying at most public libraries and "The State Library of Ohio."
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-35 - Relationships among authorizing documents, rules, and the authority of the director and board of health

Current through all regulations passed and filed through July 1, 2024
(A)
			 When direct conflict occurs between a requirement of
			 Chapters 3745-500 to 3745-599 of the Administrative Code and an
			 authorizing document approved prior to the establishment of that requirement in the rules, the owner or operator shall comply with the
			 authorizing document until the obligation in the authorizing document ceases.
			 After the obligation ceases, the owner or operator shall comply with the
			 rules.
(B) When a direct conflict
			 occurs between a requirement of Chapters 3745-500 to
			 3745-599 of the Administrative Code and an order issued by the director,
			 approved board of health, or court having competent jurisdiction prior to the
			 establishment of that requirement in the rules, the
			 owner or operator shall comply with the order until the order is terminated or
			 until the obligation in the order ceases. After the obligation in the order has
			 ceased, the owner or operator shall comply with the rules.
(C) Nothing in Chapters 3745-500 to 3745-599
			 of the Administrative Code is intended nor shall be construed to limit or
			 infringe upon any authority granted by statute to the director or a board of
			 health, including but not limited to issuing orders, conducting inspections,
			 and enforcing the standards and requirements of statutes and rules adopted
			 thereunder.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-500 - Administration › Section 3745-500-50 - Signatures

Current through all regulations passed and filed through July 1, 2024
(A)
								 When a document is required to be signed in accordance
			 with this rule, the applicant, owner, or operator signing that document shall
			 be one of the following:
(1)
									 In the case of a corporation, a principal executive
			 officer of at least the level of vice president or a duly authorized
			 representative, if such representative is responsible for the overall operation
			 of the facility.
(2)
									 In the case of a partnership, a general partner.
(3)
									 In
			 the case of a limited liability company, a manager, member, or other duly
			 authorized representative of the limited liability company, if such
			 representative is responsible for the overall operation of the facility.
(4)
									 In
			 the case of sole proprietorship, the owner.
(5)
									 In the case of a
			 municipal, state, federal, or other governmental facility, the principal
			 executive officer, the ranking elected official, or other duly authorized
			 employee.