reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-325 - Closure of a scrap tire storage facility

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or
			 operator of a scrap tire storage facility shall conduct closure when any of the
			 following occurs:
(1)
									The owner or operator of the scrap tire storage
			 facility declares in writing to Ohio EPA that the scrap tire storage facility
			 will no longer be accepting scrap tires.
(2)
									A license issued
			 to the scrap tire storage facility has expired and a renewal license has not
			 been applied for in the manner prescribed in Chapter 3745-501 of the
			 Administrative Code.
(3)
									A scrap tire storage facility license has expired and
			 another license has been applied for and denied as a final action of the
			 licensing authority.
(4)
									A scrap tire storage facility license has been revoked
			 as a final action of the licensing authority.
(5)
									A scrap tire
			 storage facility permit to install or registration certificate has been revoked
			 as a final action of the director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-400 - Establishment and modification of a scrap tire recovery facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as specified in rule
			 3745-580-405 of the
			 Administrative Code, no person shall establish a scrap tire recovery facility
			 without first obtaining one of the following:
(1)
									A permit to
			 install prior to the construction or modification of a class I scrap tire
			 recovery facility.
(2)
									A registration certificate prior to the construction or
			 modification of a class II scrap tire recovery facility.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-401 - Application for a scrap tire recovery facility permit to install or registration certificate

Current through all regulations passed and filed through July 1, 2024
(A)
								Application.
(1)
									An application for a class I scrap tire recovery
			 facility permit to install or a class II scrap tire recovery facility
			 registration certificate shall contain at a minimum the following on forms
			 prescribed by the director with sufficient detail to allow clear understanding
			 for technical review of the application and to provide assurance that the scrap
			 tire recovery facility is designed and can be constructed and operated in
			 accordance with this chapter:
(a)
										The name, address, email address, and telephone number
			 for the following:
(i)
											The scrap tire recovery facility.
(ii)
											The operator of
			 the scrap tire recovery facility.
(iii)
											The emergency
			 contact person who is authorized to commit resources necessary for emergency
			 response equipment, material, and services for the scrap tire recovery
			 facility.
(iv)
											The owner of the real property where the scrap tire
			 recovery facility will be located.
(v)
											The
			 applicant.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-405 - Exclusions from the requirement to obtain a scrap tire recovery facility permit to install or registration certificate

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or
			 operator of the following are excluded from the requirement to obtain a scrap
			 tire recovery facility permit to install or registration certificate:
(1)
									A solid waste
			 incineration or energy recovery facility that is designed, constructed, and
			 used for the primary purpose of incinerating mixed municipal solid waste and
			 that burns scrap tires in conjunction with mixed municipal solid
			 wastes.
(2)
									A tire retreading business, tire manufacturing
			 finishing center, or tire adjustment center that stores not more than four
			 thousand scrap tires in a single covered scrap tire storage area on the
			 premises.
(3)
									Any person in the course of business solely applying
			 colorant to TDC for use as mulch.
(4)
									Any person in the
			 course of business solely manufacturing products from crumb rubber including
			 but not limited to molded rubber products.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-415 - Record keeping and reporting requirements for a scrap tire recovery facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Record retention and availability. The owner or
			 operator of the scrap tire recovery facility shall do the following:
(1)
									Maintain records
			 specified in this rule for a period of at least three years.
(2)
									Have records
			 available for inspection by Ohio EPA or the approved board of health during
			 normal operating hours.
(3)
									Upon request, submit records to Ohio EPA or the
			 approved board of health.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-425 - Closure of a scrap tire recovery facility

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or
			 operator of a scrap tire recovery facility shall conduct closure when any of
			 the following occurs:
(1)
									The owner or operator of the scrap tire recovery
			 facility declares in writing to Ohio EPA that the scrap tire recovery facility
			 will no longer be accepting scrap tires.
(2)
									A license issued
			 to the scrap tire recovery facility has expired and a renewal license has not
			 been applied for in the manner prescribed in Chapter 3745-501 of the
			 Administrative Code.
(3)
									A scrap tire recovery facility license has expired and
			 another license has been applied for and denied as a final action of the
			 licensing authority.
(4)
									A scrap tire recovery facility license has been revoked
			 as a final action of the licensing authority.
(5)
									A scrap tire
			 recovery facility permit to install or registration certificate has been
			 revoked as a final action of the director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-500 - Establishment and modification of a mobile scrap tire recovery facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Unless the owner or operator of a mobile scrap tire
			 recovery facility is otherwise permitted or registered and licensed in Ohio as
			 a scrap tire recovery facility, no person shall establish a mobile scrap tire
			 recovery facility without first obtaining a registration certificate for the
			 establishment or modification of a mobile scrap tire recovery
			 facility.
(B)
								Concurrent to submitting an application for a
			 registration certificate pursuant to rule
			 3745-580-501 of the
			 Administrative Code, the applicant shall also do the following:
(1)
									For new
			 facilities, apply for a license in accordance with Chapter 3745-501 of the
			 Administrative Code.
(2)
									Submit to Ohio EPA division of air pollution control
			 and the division of surface water a written notification of intent to establish
			 or modify a mobile scrap tire recovery facility and a written request for
			 information pertaining to any regulatory requirements under Chapter 3704. or
			 6111. of the Revised Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-501 - Application for a mobile scrap tire recovery facility registration certificate

Current through all regulations passed and filed through July 1, 2024
(A)
								Application. An
			 application for a mobile scrap tire recovery facility registration certificate
			 shall contain at a minimum the following on forms prescribed by the director
			 with sufficient detail to allow clear understanding for technical review of the
			 application and to provide assurance that the mobile scrap tire recovery
			 facility is designed and can be operated in accordance with this chapter:
(1)
									The name,
			 business address, email address, and telephone number for the following:
(a)
										The mobile scrap
			 tire recovery facility.
(b)
										The business owner and operator of the mobile scrap
			 tire recovery facility.
(c)
										The emergency contact person who is authorized to
			 commit resources necessary for emergency response equipment, material, and
			 services for the mobile scrap tire recovery facility.
(d)
										The
			 applicant.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-504 - Mobilization and demobilization notification of a mobile scrap tire recovery facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Mobilization. Prior to conducting activities at a new
			 project site, the operator of the mobile scrap tire recovery facility shall do
			 the following:
(1)
									Not later than fourteen days prior to mobilizing, send
			 written notification of intent via certified mail or any other form of mail
			 accompanied by a receipt to the following entities:
(a)
										The fire
			 department having responsibility for providing fire control services where the
			 mobile scrap tire recovery facility will mobilize that includes a copy of the
			 fire contingency plan as specified in paragraph (A)(4) of this
			 rule.
(b)
										The board of health for the county to which the mobile
			 scrap tire recovery facility will mobilize.
(c)
										The appropriate
			 Ohio EPA district office for the county to which the mobile scrap tire recovery
			 facility will mobilize.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-515 - Record keeping and reporting requirements for a mobile scrap tire recovery facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Record retention and availability. The operator of the
			 mobile scrap tire recovery facility shall do the following:
(1)
									Maintain records
			 specified in this rule for a period of at least three years at the business
			 location.
(2)
									Have records available for inspection by the approved
			 board of health or Ohio EPA during normal operating hours.
(3)
									Upon request,
			 submit records to Ohio EPA or the approved board of health.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-525 - Closure of a mobile scrap tire recovery facility

Current through all regulations passed and filed through July 1, 2024
(A)
								The operator of a
			 mobile scrap tire recovery facility shall conduct closure if any of the
			 following occur:
(1)
									The operator of the mobile scrap tire recovery facility
			 declares in writing to Ohio EPA that the mobile scrap tire recovery facility
			 will permanently cease operation.
(2)
									A license issued
			 to the mobile scrap tire recovery facility has expired and a renewal license
			 has not been applied for in the manner prescribed in Chapter 3745-501 of the
			 Administrative Code.
(3)
									A mobile scrap tire recovery facility license has
			 expired and another license has been applied for and denied as a final action
			 of the licensing authority.
(4)
									A mobile scrap
			 tire recovery facility license has been revoked as a final action of the
			 licensing authority.
(5)
									A mobile scrap tire recovery facility registration
			 certificate has been revoked as a final action of the director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-600 - Requirements for a scrap tire monocell facility

Current through all regulations passed and filed through July 1, 2024
(A)
								An owner or
			 operator of the following facilities may establish a scrap tire monocell
			 facility within the limits of waste placement of the facility previously
			 delineated in the applicable authorizing documents or as proposed in an
			 application for a permit to install:
(1)
									A solid waste landfill subject to Chapter 3745-27 of
			 the Administrative Code.
(2)
									An industrial landfill facility subject to Chapter
			 3745-30 of the Administrative Code provided the scrap tires to be received at
			 the facility are "industrial or manufacturing waste" as defined in rule
			 3745-30-01 of the Administrative
			 Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-700 - Establishment and modification of a scrap tire monofill facility

Current through all regulations passed and filed through July 1, 2024
(A)
								No person shall establish a scrap tire monofill
			 facility without first obtaining a permit to install prior to the construction
			 or modification of the scrap tire monofill facility. Submitting a permit to
			 install application in accordance with rule
			 3745-580-701 of the
			 Administrative Code does not exempt any person from compliance with any other
			 permit, license, or other obligation for authorization.
(B)
								Concurrent to
			 submitting an application for a permit to install in accordance with rule
			 3745-580-701 of the
			 Administrative Code, the applicant shall also do the following:
(1)
									For new
			 facilities, apply for a license in accordance with Chapter 3745-501 of the
			 Administrative Code.
(2)
									Submit to Ohio EPA division of air pollution control
			 and the division of surface water written notification of intent to establish
			 or modify a scrap tire monofill facility and a written request for information
			 pertaining to any regulatory requirements under Chapter 3704. or 6111. of the
			 Revised Code.
(3)
									Mail letters of intent to establish or modify a scrap
			 tire monofill facility including a description of the facility by certified
			 mail or any other form of mail accompanied by a receipt to the following
			 entities:
(a)
										The governments of the general purpose political
			 subdivisions where the scrap tire monofill facility is located, including but
			 not limited to, county commissioner, legislative authority of a municipal
			 corporation, or the board of township trustees.
(b)
										The single county
			 or joint county solid waste management district or regional solid waste
			 management authority where the facility is located or that is served by the
			 facility.
(c)
										The owner or lessee of any easement or right-of-way
			 bordering or within the proposed facility boundaries that may be affected by
			 the proposed scrap tire monofill facility.
(d)
										The local zoning
			 authority having jurisdiction, if any.
(e)
										The park system
			 administrator, if any part of the scrap tire monofill facility is located
			 within or shares the park boundary.
(f)
										The conservancy
			 district, if any part of the scrap tire monofill facility is located within or
			 shares the conservancy district boundary.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-710 - Operation of a scrap tire monofill facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Applicability.
			 The owner or operator of a scrap tire monofill facility shall comply with the
			 requirements and operational criteria specified in this rule until the final
			 closure certification specified in paragraph (H) of rule
			 3745-580-725 of the
			 Administrative Code is submitted and the post-closure care period
			 begins.
(B)
								Compliance. The owner or operator shall conduct
			 operations at a scrap tire monofill facility as follows:
(1)
									In strict
			 compliance with the applicable authorizing documents and in accordance with
			 rules adopted under Chapter 3734. of the Revised Code.
(2)
									In such a manner
			 that noise, dust, and odors are strictly controlled so as not to cause a
			 nuisance or a health hazard.
(3)
									In a manner that
			 does not cause water pollution pursuant to Chapter 6111. of the Revised Code
			 and does not violate any regulation adopted under Chapter 3704. of the Revised
			 Code.
(4)
									Obtain a valid license prior to commencement of
			 operations and annually thereafter in accordance with Chapter 3745-501 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-715 - Record keeping and reporting requirements for a scrap tire monofill facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Daily log of operations.
(1)
									The owner or
			 operator shall keep a daily log of operations of the facility that contains all
			 the information specified in paragraph (A)(5) of this rule on forms prescribed
			 by the director. All entries specified in the log form shall be completed. The
			 owner or operator may use alternative forms, either in paper or electronic
			 formats, for the daily log of operations provided that all of the information
			 requested on the prescribed forms is present.
(2)
									A copy of the log
			 shall be available for inspection by the board of health, director, or an
			 authorized representative during normal operating hours.
(3)
									Upon request by
			 Ohio EPA, the owner or operator shall submit log forms or summaries of daily
			 logs to Ohio EPA or the board of health.
(4)
									The owner or
			 operator shall make the completed daily logs available for inspection at the
			 facility for a minimum of three years. The records retention period may be
			 extended during the course of any unresolved litigation or upon request by Ohio
			 EPA. The three-year period for retention of records shall begin on the date the
			 daily log form is completed.
(5)
									At a minimum, the
			 daily log of operations shall include the following:
(a)
										The name,
			 location, and contact information for the facility.
(b)
										The name and
			 signature of the person entering the information into the log of
			 operations.
(c)
										Information regarding each load, hauler, vehicle or
			 container, and the generator.
(d)
										A description of
			 unauthorized material discovered at the facility, including the amount of
			 unauthorized material and actions taken in response.
(e)
										Information
			 regarding any incident of damage or failure of an engineered component, and
			 observations of nuisance conditions.
(f)
										Inspection
			 documentation.
(g)
										Any other information as specified in this chapter and
			 Chapter 3745-502 of the Administrative Code to be recorded on the log of
			 operations, and any other information the director may request to document
			 compliance with Chapter 3734. of the Revised Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-725 - Final closure of a scrap tire monofill facility

Current through all regulations passed and filed through July 1, 2024
(A)
								Final
			 closure/post-closure care plan. The final closure/post-closure care plan
			 containing the following information shall be submitted as part of a permit to
			 install application and not later than one hundred and eighty days prior to the
			 anticipated date to cease accepting scrap tires:
(1)
									The name and
			 location of the facility.
(2)
									Any variances or exemptions from the requirements of
			 this rule or rule
			 3745-580-726 of the
			 Administrative Code or any alternative schedule for completing final closure
			 activities.
[Comment: For a variance, exemption, or
				alternative schedule, the rule requirements are applicable and enforceable
				unless a request is submitted and prior approval is received.]
(3)
									The
			 name, address, email address, and telephone number of the person or office to
			 contact regarding the scrap tire monofill facility during the final closure and
			 post-closure care periods.
(4)
									The following
			 information to be presented in the same manner as outlined in rule
			 3745-580-705 of the
			 Administrative Code, with the information contained in paragraphs (B)(4)(a) to
			 (B)(4)(e) of this rule signed and sealed by a professional engineer registered
			 in Ohio:
(a)
										Plan drawings of the horizontal limits and top elevations of
			 waste and the cap system, surface water control structures including permanent
			 ditches to control run-on and runoff, and sedimentation ponds including the
			 inlet and outlet.
(b)
										An established grid system with northings and eastings
			 not more than five hundred feet apart.
(c)
										Detail drawings
			 of the composite cap system including but not limited to the relationship of
			 the composite cap system to the recompacted soil liner, any penetrations, cap
			 drainage structures and surface water run-on and runoff control
			 structures.
(d)
										Detail drawings of sedimentation pond and discharge
			 structures and surface water run-on and runoff control
			 structures.
(e)
										Static and seismic stability analysis.
(f)
										The financial
			 assurance information contained in rule
			 3745-580-22 of the
			 Administrative Code.
(5)
									A description of
			 availability and suitability of cap material.
(6)
									The quality
			 assurance/quality control plan for cap system construction in accordance with
			 paragraph (F) of rule
			 3745-580-705 of the
			 Administrative Code.
(7)
									A description of anticipated measures to control
			 erosion during closure, signed and sealed by a professional engineer registered
			 in Ohio.
(8)
									Contingency plans for ground water contamination,
			 leachate, fire, and differential settling.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-800 - Specifications for beneficial use of scrap tires

Current through all regulations passed and filed through July 1, 2024
(A)
								Except as
			 specified in rule
			 3745-580-805 of the
			 Administrative Code, no person shall beneficially use scrap tires unless the
			 person is authorized in accordance with rule
			 3745-580-801 or rule
			 3745-580-802 of the
			 Administrative Code. Failure to obtain authorization prior to use of the scrap
			 tires may constitute open dumping.
(B)
								No person shall
			 beneficially use scrap tires at a property unless one of the following
			 requirements are met:
(1)
									The person is the owner of the
			 property.
(2)
									The person has received written authorization from the
			 property owner to beneficially use scrap tires on the property.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-801 - Preauthorized scrap tire beneficial uses

Current through all regulations passed and filed through July 1, 2024
(A)
								Any person
			 proposing to beneficially use scrap tires in accordance with paragraph (B) or
			 (C) of this rule shall submit a letter of notification to Ohio EPA and the
			 approved board of health via certified mail or any form of mail accompanied by
			 a receipt not later than fourteen days prior to the start of the beneficial use
			 that contains the following information:
(1)
									The name,
			 address, email address, and telephone number of the person proposing the
			 beneficial use.
(2)
									The physical address of the proposed beneficial use
			 site.
(3)
									A description of the preauthorized beneficial
			 use.
(4)
									The total number, weight, or volume of whole, cut, or
			 shredded scrap tires proposed for beneficial use.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-805 - Exclusions from the requirement to obtain authorization to beneficially use scrap tires

Current through all regulations passed and filed through July 1, 2024
The beneficial use of the following is
				not subject to rules
				3745-580-800 to
				3745-580-810 of the
				Administrative Code unless the director or the board of health determines that
				the use creates a nuisance, is a hazard to public health or safety, or is a
				fire hazard:
(A)
								One hundred or fewer scrap tires.
(B)
								One ton or less
			 of scrap tire shreds, three and a half cubic yards or less of rough scrap tire
			 shreds, two and a half cubic yards or less of TDF or TDC, or two yards or less
			 of crumb rubber.
Replaces: 3745-27-78
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-810 - Beneficial use of scrap tires

Current through all regulations passed and filed through July 1, 2024
(A)
								A person
			 beneficially using scrap tires preauthorized by rule
			 3745-580-801 of the
			 Administrative Code or through a scrap tire beneficial use project approved
			 pursuant to rule
			 3745-580-803 of the
			 Administrative Code shall comply with the requirements of this
			 rule.
(B)
								Storage. Unless otherwise authorized by the director,
			 any person storing scrap tires prior to final placement or construction for a
			 beneficial use project shall be deemed a nuisance, a hazard to public health or
			 safety, or a fire hazard unless the storage meets the following:
(1)
									For fire
			 prevention, scrap tires are stored in the following manner:
(a)
										Individual scrap
			 tire storage piles do not exceed two thousand five hundred square feet in
			 area.
(b)
										A minimum isolation distance of fifty feet is
			 maintained from possible ignition sources.
(c)
										Scrap tire
			 handling areas, storage areas, and fire breaks are free of combustible
			 materials and obstructions.
(d)
										For inside
			 storage, scrap tires are stored in a manner that ensures the following:
(i)
											An aisle width of
			 at least eight feet between scrap tire storage piles.
(ii)
											A clearance
			 distance of at least eighteen inches from the top of the scrap tire storage
			 piles to sprinkler deflectors.
(iii)
											A clearance
			 distance of at least three feet from the top of the scrap tire storage piles to
			 roof structures.
(iv)
											A clearance distance of at least three feet from the
			 top of the scrap tire storage piles to heaters, ducts, and flues, or in
			 accordance with the clearance distances recommended by the equipment
			 manufacturer.
(e)
										For outside storage, in a manner that ensures the
			 following:
(i)
											Scrap tires are not located under the following:
(a)
												Bridges.
(b)
												Elevated
			 trestles, roadways, or railroads.
(c)
												Electrical power
			 lines having a voltage in excess of seven hundred fifty volts or that supply
			 power to fire emergency systems.
(ii)
											Scrap tire
			 storage piles are no greater than eight feet high.
(iii)
											Fire breaks
			 meet the specifications of rule
			 3745-580-07 of the
			 Administrative Code.
(f)
										For portable
			 containers, scrap tires are stored in a manner that ensures the following
			 minimum isolation distances from buildings and structures:
(i)
											One hundred feet
			 from buildings and structures not owned or leased by the property owner or the
			 applicant.
(ii)
											Fifteen feet from buildings and structures owned or
			 leased by the property owner or the applicant.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-01 - Beneficial use and harbor sediment authorization - applicability

Current through all regulations passed and filed through July 1, 2024
(A) Beneficial use.
(1)
									
									Unless otherwise excluded as provided in rule
			 3745-599-05 of the
			 Administrative Code, this chapter authorizes the beneficial use of
			 beneficial use byproducts that are placed on land or
			 burned 
									in accordance with 40
			 C.F.R. Part 241 (2011), including beneficial use byproducts that are commingled
			 with other beneficial use byproducts or beneficial use byproducts commingled
			 with materials that are not a waste.
(2)
									Drinking water treatment material as authorized under a
			 beneficial use permit issued pursuant to this chapter is not a solid waste
			 under Chapter 3734. of the Revised Code.
(3)
									Notwithstanding
			 paragraph (A)(2) of this rule, when a beneficial use byproduct has been
			 managed and beneficially used in accordance with this chapter, the beneficial
			 use byproduct that has been beneficially used is not a solid waste under
			 Chapter 3734. of the Revised Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-02 - Beneficial use and harbor sediment authorization - definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter, terms are defined as follows:
(A)
(1)
			 "Agronomic benefit" means the promotion or enhancement of plant growth and
			 includes but is not limited to increases in soil fertility and moisture
			 retention.
(2) "Asphalt" means a
			 brown-black solid or semisolid mixture of bitumens obtained from native
			 deposits or as a petroleum byproduct that is used in paving, roofing, and
			 waterproofing.
(3) "Asphalt
			 concrete" means a composite material consisting of asphalt binder and mineral
			 aggregate that is mixed together then laid down in layers and
			 compacted.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-03 - Beneficial use and harbor sediment authorization - 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 this chapter. The materials
				are hereby made a part of this chapter. 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 unless and until this
				rule has been amended to specify the new version.
(A) Availability. The materials incorporated
			 by reference are available as follows:
(1) 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
.
			 These test methods 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 3745-599 - Beneficial Use of Wastes › Section 3745-599-10 - Authorized uses of a beneficial use byproduct

Current through all regulations passed and filed through July 1, 2024
(A) The beneficial use of a beneficial use
			 byproduct as an ingredient in any of the construction materials listed in
			 paragraph (B) of this rule is an authorized beneficial use under this
			 beneficial use program chapter when the following are true:
(1) The construction materials are produced
			 by a facility meeting the appropriate activity code under the "North American
			 Industry Classification System" (NAICS) or "Standard Industrial Classification"
			 (SIC).
(2) The beneficial use
			 byproduct is legitimately managed in accordance with rule
			 3745-599-35 of the
			 Administrative Code.
(3) The
			 beneficial use of the beneficial use byproduct as an ingredient results in a
			 construction material that meets generally accepted industry specifications for
			 the construction material.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-20 - Beneficial use and harbor sediment authorization - prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) Beneficial use
			 prohibitions.
(1) No person shall beneficially
			 use a beneficial use byproduct except as authorized in accordance with this
			 chapter.
(2) Except in accordance
			 with an effective national pollutant discharge elimination system permit, no
			 person shall place or cause to be placed a beneficial use byproduct in a
			 location where it results in a discharge to waters of the state.
(3) Except as authorized by section
			 6111.32 of the Revised Code and
			 in accordance with a water quality certification issued under Chapter 3745-32
			 of the Administrative Code, and a permit issued under
			 33 U.S.C.
			 1344
									(2011),
			  if applicable, no person shall beneficially use a
			 beneficial use byproduct by placing the beneficial use byproduct into waters of
			 the state.
(4) No person shall
			 beneficially use, manage, or store a beneficial use byproduct in a manner or
			 location that may endanger public health, safety, or the
			 environment.
(5) No person shall
			 beneficially use, manage, or store a beneficial use byproduct in a manner or in
			 a location that creates a nuisance, or causes or contributes to water pollution
			 or air pollution.
(6) No person
			 shall conduct, permit, or allow disposal of a beneficial use byproduct unless
			 authorized by this chapter or by Chapter 3704., 3734., or 6111. of the Revised
			 Code. In the event that any of these activities occur, or have occurred at a
			 property, the person responsible for the activity, the owner of the property,
			 or the person who allows or allowed the activity to occur, shall promptly
			 remove and dispose or otherwise manage the beneficial use byproduct in
			 accordance with Chapters 3734. and 6111. of the Revised Code, and shall submit
			 verification to Ohio EPA that the beneficial use byproduct has been properly
			 managed.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-25 - Beneficial use - 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 person 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.
(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.
(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.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-30 - Beneficial use - 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 this chapter and an authorizing
			 document approved prior to the establishment of that requirement in this
			 chapter, 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 this chapter.
(B)
								When a direct
			 conflict occurs between a requirement of this chapter and an order issued by
			 the director, approved board of health, or court having competent jurisdiction
			 prior to the establishment of that requirement in this chapter, 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 this chapter.
(C)
								Nothing in this
			 chapter 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.
Effective: 3/31/2017
Five Year
				Review (FYR) Dates: 03/31/2022
Promulgated Under:
				119.03
Statutory
				Authority: 3734.02,
				6111.03,
				6111.035,
				6111.32
Rule
				Amplifies: 3734.02,
				6111.03,
				6111.035,
				6111.32
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-35 - Beneficial use - legitimacy criteria

Current through all regulations passed and filed through July 1, 2024
Any person engaging in beneficial use
				in accordance with this chapter shall engage in only legitimate beneficial use
				of the beneficial use byproduct. Upon request by Ohio EPA, a person shall
				demonstrate legitimate beneficial use of a beneficial use byproduct by
				providing evidence of the following:
(A)
								The beneficial
			 use byproduct is managed and stored as a valuable commodity and is
			 appropriately managed to prevent releases to the environment.
(B)
								The beneficial
			 use byproduct is not accumulated speculatively. As used in this rule, a
			 beneficial use byproduct is not accumulated speculatively by the person
			 accumulating the beneficial use byproduct if all of the following are
			 true:
(1)
									The
			 beneficial use byproduct has a feasible means of being beneficially used in
			 accordance with a general beneficial use permit or an individual beneficial use
			 permit, or in a manner excluded under rule
			 3745-599-10
			 of the Administrative Code.
(2)
									The beneficial
			 use byproduct will be beneficially used in such quantities and over such time
			 frames specified in the beneficial use permit. If the permit does not specify
			 time frames or quantities, upon request by Ohio EPA, the person shall
			 demonstrate that during the preceding calendar year, commencing January first,
			 the amount of beneficial use byproduct that is beneficially used, or
			 transferred to a different site for beneficial use, equals at least
			 seventy-five per cent by weight or volume of the amount of that beneficial use
			 byproduct that was accumulated at the beginning of the calendar year. In
			 calculating the percentage of turnover, the seventy-five per cent requirement
			 is to be applied to beneficial use byproduct of the same type that is
			 beneficially used in the same way (i.e., from which the same material is
			 recovered or that is beneficially used in the same way).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-60 - Approved sampling and characterization procedures for the beneficial use of a beneficial use byproduct

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations,
				and test methods referenced in this
				rule, see rule
				3745-599-03 of the
				Administrative Code titled "Beneficial use - incorporation by
				reference."]
(A) A characterization
			 required by a permit issued pursuant to this chapter shall be conducted in
			 accordance with the permit.
(B) A
			 characterization required by this chapter to determine whether a beneficial use
			 byproduct can be beneficially used shall be conducted in accordance with one or
			 a combination of the following applicable methods or other methods deemed
			 acceptable by the director:
(1) "Test Methods
			 for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)," including the
			 following:
(a) Method 1311, "Toxicity
			 Characteristic Leaching Procedure."
(b) Method 1312, "Synthetic Precipitation
			 Leaching Procedure."
(c)
										Method 1313, "Liquid-Solid Partitioning as a Function
			 of Extract pH Using a Parallel Batch Extraction Procedure."
(d)
										Method 1314,
			 "Liquid-Solid Partitioning as a Function of Liquid-Solid Ratio for Constituents
			 in Solid Materials Using an Up-Flow Percolation Column
			 Procedure."
(e)
										Method 1315, "Mass Transfer Rates of Constituents in
			 Monolithic or Compacted Granular Materials Using a Semi-Dynamic Tank Leaching
			 Procedure."
(f)
										Method 1316, "Liquid-Solid Partitioning as a Function
			 of Liquid-Solid Ratio Using a Parallel Batch Extraction
			 Procedure."
(g) Method 3050B, "Acid
			 Digestion of Sediments, Sludges, and Soils."
(h) Method 3500C
			 "Organic Extraction and Sample Preparation."
(i) Method 6010D,
			 "Inductively Coupled Plasma-Optical Emission Spectrometry."
(j)
			 Method 7000B or 7010, "Flame Atomic Absorption Spectrophotometry," or "Graphite
			 Furnace Atomic Absorption Spectrophotometry."
(k) Method 8081B,
			 "Organochlorine Pesticides by Gas Chromatography."
(l) Method 8082A,
			 "Polychlorinated Biphenyls (PCBs) by Gas Chromatography Guidance."
(m)
			 Method 8260D, "Volatile Organic Compounds by Gas Chromatography/Mass
			 Spectrometry (GC/MS)."
(n) Method 8270E,
			 "Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry
			 (GC/MS)."
(o) Method 9095B,
			 "Paint Filter Liquids Test."
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-210 - Notice of intent to obtain coverage under a general beneficial use permit

Current through all regulations passed and filed through July 1, 2024
(A)
								A person eligible for coverage as specified in a
			 general beneficial use permit may apply for coverage under the general
			 beneficial use permit prior to the anticipated date of commencing beneficial
			 use of the beneficial use byproduct by submitting the following to the director
			 in accordance with this rule:
(1)
									A complete and accurate notice of intent to obtain
			 coverage under a general beneficial use permit on forms prescribed by the
			 director. The forms shall be signed in accordance with rule
			 3745-599-25
			 of the Administrative Code. At a minimum, such notice of intent shall contain
			 the following:
(a)
										 The general beneficial use permit number under which
			 authorization to beneficially use a beneficial use byproduct is
			 requested.
(b)
										The name, address, and telephone number of the
			 applicant, and the name, address, telephone number, and title of the
			 applicant's contact person.
(c)
										If different than
			 the applicant, the name, address, and telephone number of the generator of the
			 beneficial use byproduct proposed to be beneficially used under the general
			 beneficial use permit, and the name, address, telephone number, and title of
			 the generator's contact person.
(d)
										If different than
			 the applicant, the name, address, and telephone number of every intended
			 distributor of the beneficial use byproduct, and the name, address, telephone
			 number, and title of each distributor's contact person.
(e)
										Each location of
			 the proposed beneficial use and storage of the beneficial use byproduct, unless
			 otherwise specified in the general beneficial use permit.
(f)
										A description of
			 the beneficial use byproduct and a representation that the beneficial use
			 byproduct complies with the general beneficial use permit.
(g)
										Any additional
			 information specified in the general beneficial use permit or requested by the
			 director.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-599 - Beneficial Use of Wastes › Section 3745-599-220 - Coverage under a general beneficial use permit

Current through all regulations passed and filed through July 1, 2024
(A)
								General
			 beneficial use permit coverage.
(1)
									Upon receipt of a complete notice of intent that
			 demonstrates that the criteria for general beneficial use permit eligibility
			 have been satisfied, the director may authorize coverage of the applicant under
			 the general beneficial use permit.
(2)
									No person is
			 authorized to beneficially use a beneficial use byproduct under authority of a
			 general beneficial use permit until the director issues a written notification
			 or order to that person stating that the beneficial use of the beneficial use
			 byproduct is authorized by a general beneficial use permit.
(3)
									Any person
			 authorized to beneficially use a beneficial use byproduct under authority of a
			 general beneficial use permit shall comply with the general beneficial use
			 permit and this chapter.
(4)
									Any person authorized to beneficially use a beneficial
			 use byproduct under authority of the general beneficial use permit shall only
			 beneficially use a beneficial use byproduct at a location that has been
			 specified in a general beneficial use permit or identified in a written
			 notification or order stating that the beneficial use is authorized by a
			 general beneficial use permit.
(5)
									Coverage under a
			 general beneficial use permit is non-transferable.
(6)
									Except as
			 provided in paragraph (G) of this rule, coverage under general beneficial use
			 permit expires upon the expiration date of the general beneficial use
			 permit.