Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-50 - Hazardous Waste Management System-General › Section 3745-50-38 - Contents of the "Siting Criteria Document"

Current through all
			 regulations passed and filed through July 1, 2024
(A) The "Siting Criteria Document"
			 information requirements in this rule reflect the standards in division (D)(2)
			 of section
			 3734.05 of
			 the Revised Code that are applicable to modifications under division (I)(3) of
			 section
			 3734.05 of
			 the Revised Code. These information requirements are necessary in order to
			 determine compliance with division (D)(2) of section
			 3734.05 of
			 the Revised Code. The "Siting Criteria Document" shall include such information
			 as may be necessary to enable the director to form a conclusion using the
			 following criteria:
(1) The nature and volume
			 of the waste to be treated, stored, or disposed  at the facility;
(2) The facility complies with the hazardous
			 waste rules;
(3) The facility
			 represents the minimum adverse environmental impact, considering the state of
			 available technology and the nature and economics of various alternatives, and
			 other pertinent considerations;
(4)
			 The facility represents the minimum risk of all of the following:
(a) Fires or explosions from treatment,
			 storage, or disposal methods;
(b)
			 Release of hazardous waste during transportation of hazardous waste to or from
			 the facility;
(c) Adverse impact on
			 the public health and safety;
(5) The facility complies with Chapters
			 3704., 3734., and 6111. of the Revised Code and all rules and standards adopted
			 thereunder.
(6) The owner of the facility, the operator
			 of the facility, or any other person in a position with the facility from which
			 the person may influence the installation and operation of the facility has
			 been involved in any prior activity that
			 involves transportation, treatment, storage, or disposal of hazardous
			 waste, that person has a history of compliance with Chapters 3704., 3734., and
			 6111. of the Revised Code and all rules and standards adopted
			 thereunder, RCRA, the hazardous waste rules, and
			 similar laws and rules of other states if any such prior operation was located
			 in another state, demonstrates sufficient reliability, expertise, and
			 competency to operate a hazardous waste facility under the applicable
			 provisions of Chapters 3704., 3734., and 6111. of the Revised Code, the
			 applicable rules and standards adopted thereunder, and terms and conditions
			 of a hazardous waste facility installation and operation permit, given the
			 potential for harm to the public health and safety and the environment that
			 could result from the irresponsible operation of the facility. For "off-site
			 facilities," as defined in section
			 3734.41
			 of the Revised Code, the director may use the investigative reports of the
			 attorney general prepared pursuant to section
			 3734.42
			 of the Revised Code as a basis for making a finding and determination under
			 division (D)(2)(f) of section
			 3734.05 of
			 the Revised Code; and
(7) The
			 facility will not be located within the boundaries of a state park established
			 or dedicated under Chapter 1541. of the Revised Code, a state park purchase
			 area established under section
			 1541.02 of the
			 Revised Code, any unit of the national park system, or any property that lies
			 within the boundaries of a national park or recreation area, but that has not
			 been acquired or is not administered by the secretary of the United States
			 department of the interior, located in the state of Ohio, or any candidate area
			 located in this state identified for potential inclusion in the national park
			 system in the edition of the "National Park System Plan" submitted under
			 paragraph (b) of Section 8 of The Act of August 18, 1970,
			  current at the time of filing of the
			 application for the permit, unless the facility will be used exclusively for
			 the storage of hazardous waste generated within the park or recreation area in
			 conjunction with the operation of the park or recreation area. This paragraph
			 does not apply to the facility of any applicant for modification of a permit
			 unless the modification application proposes to increase the land area included
			 in the facility or to increase the quantity of hazardous waste that will be
			 treated, stored, or disposed of at the facility.