Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-580 - Scrap tire › Section 3745-580-703 - Criteria for approval of a scrap tire monofill facility permit to install application

Current through all regulations passed and filed through July 1, 2024
(A)
								General criteria.
			 The director shall not approve a permit to install application for a scrap tire
			 monofill facility unless the director determines all of the following:
(1)
									Establishment or
			 modification and operation of the scrap tire monofill facility will not violate
			 Chapter 3704., 3734., 3745., or 6111. of the Revised Code.
(2)
									The scrap tire
			 monofill facility will be capable of being constructed, operated, closed, and
			 maintained during the post-closure care period in accordance with this chapter
			 and with the terms and conditions of the permit to install.
(3)
									The applicant or
			 person listed as owner and operator of the scrap tire monofill facility is in
			 substantial compliance with, or is on a legally enforceable schedule through
			 issuance of an administrative consent order or judicial consent order to attain
			 compliance with applicable provisions of Chapters 3704., 3714., 3734., 3745.,
			 and 6111. of the Revised Code at scrap tire transportation operations,
			 construction and demolition debris facilities, construction and demolition
			 debris processing facilities, or solid waste facilities they own or operate. An
			 applicant or person listed as the owner or operator is not in substantial
			 compliance with Chapters 3704., 3714., 3734., and 6111. of the Revised Code if
			 the applicant has committed a significant or material violation of an
			 environmental law or has committed numerous, other violations of environmental
			 laws such that the violations reveal a practice of noncompliance with
			 environmental laws.
(4)
									The applicant or person listed as the owner or operator
			 has maintained a history of compliance with Chapters 3704., 3714., 3734.,
			 3745., and 6111. of the Revised Code by resolving all administrative and
			 judicial enforcement actions that were brought against them that were based on
			 a significant or material violation of an environmental law, or were based on
			 numerous, other violations of environmental laws that revealed a practice of
			 noncompliance with environmental laws at scrap tire transportation operations,
			 construction and demolition debris facilities, construction and demolition
			 debris processing facilities, or solid waste facilities they own or operate or
			 at scrap tire transportation operations, construction and demolition debris
			 facilities, construction and demolition debris processing facilities, or solid
			 waste facilities they have previously owned or operated. For purposes of this
			 rule, an enforcement action has been resolved if the owner or operator has
			 entered into an administrative consent order or judicial consent order with
			 regard to the violation of environmental laws, or the owner or operator has
			 adjudicated the issue of whether they are in violation of environmental laws to
			 finality.
(5)
									The applicant meets the requirements of sections
			 3734.40 to
			 3734.47 of the Revised Code and
			 the rules adopted thereunder.
(6)
									For an initial
			 application, the applicant has submitted a draft financial assurance instrument
			 and the closure cost estimate and post closure-care cost estimate in accordance
			 with rules
			 3745-503-05,
			 3745-503-06, and
			 3745-580-22 of the
			 Administrative Code.
(7)
									For an application for a modification to the scrap tire
			 monofill facility, the applicant has submitted the calculations of the closure
			 cost estimate and the post closure care cost estimate in accordance with rule
			 3745-580-22 of the
			 Administrative Code.
(8)
									The limits of solid waste placement are not located
			 within a park.