Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-400 - Disposal Methods for Construction and Demolition Debris; Licensed Facilities › Section 3745-400-54 - Criteria and procedures for processing facility permits to install

Current through all regulations passed and filed through July 1, 2024
(A)
								An application notwithstanding any deficiency may be
			 considered and acted upon if sufficient information is provided for the
			 permitting authority to determine whether the permit to install requirements
			 set forth in rule 3745-400-50 of the Administrative Code are
			 satisfied.
(B)
								If the permitting authority determines that information
			 in addition to that specified in rule 3745-400-50 of the Administrative Code is
			 necessary to determine whether the criteria set forth in paragraph (C) of this
			 rule are satisfied, the permitting authority may require that the applicant
			 supply such information as a precondition to further consideration of the
			 permit to install application.
(C)
								Criteria for
			 issuance. The permitting authority shall not issue a processing facility permit
			 to install unless the following criteria are met:
(1)
									The applicant for
			 the permit to install is the owner or operator of the processing facility and,
			 if the applicant does not own all of the real property upon which the
			 processing facility is or will be located, has written permission from each
			 owner to apply for the permit to install.
(2)
									The owner or
			 operator of a processing facility has demonstrated that appropriate
			 authorizations have been applied for or obtained including but not limited to
			 authorizations necessary pursuant to Chapters 3704. and 6111. of the Revised
			 Code.
(3)
									The permit to install application complies with rule
			 3745-400-50 of the Administrative Code.
(4)
									For a processing
			 facility that was not in operation prior to October 6, 2017 and for a
			 processing facility that was in operation prior to October 6, 2017 but is
			 proposing to expand the horizontal limits of construction and demolition debris
			 processing beyond those identified in the processing facility's registration,
			 the proposed horizontal limits of construction and demolition debris processing
			 are not located within any of the following:
(a)
										One hundred feet
			 of the property line.
(b)
										One hundred feet of a perennial stream.
(c)
										One hundred feet
			 of a category 3 wetland.
(d)
										Five hundred feet of an occupied
			 dwelling.
(5)
									Any oil wells and gas wells within the horizontal
			 limits of construction and demolition debris processing are properly plugged
			 and abandoned in accordance with Chapter 1509. of the Revised
			 Code.
(6)
									The owner or operator of a processing facility is not
			 required to conduct final closure in accordance with any applicable closure
			 requirement.
(7)
									The owner and operator of the processing facility is in
			 substantial compliance with, or on a legally enforceable schedule through
			 issuance of an administrative order or judicial order to attain compliance with
			 Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code at
			 facilities, processing facilities, solid waste facilities, and infectious waste
			 treatment facilities they own or operate. An owner or operator of a processing
			 facility is not in substantial compliance with Chapters 3704., 3714., 3734.,
			 3745., and 6111. of the Revised Code if the owner or operator of a processing
			 facility has committed a significant or material violation of an environmental
			 law or has committed numerous, other violations of environmental laws such that
			 the violations reveal a practice of noncompliance with environmental
			 laws.
(8)
									The owner and operator of the processing facility has
			 maintained a history of compliance with Chapters 3704., 3714., 3734., 3745.,
			 and 6111. of the Revised Code by resolving all administrative and judicial
			 enforcement actions that were brought against them that were based on a
			 significant or material violation of an environmental law, or were based on
			 numerous other violations of environmental laws that revealed a practice of
			 noncompliance with environmental laws, at facilities, processing facilities,
			 solid waste facilities, and infectious waste treatment facilities they own or
			 operate or facilities, processing facilities, solid waste facilities, or
			 infectious waste treatment facilities they previously owned or operated. For
			 purposes of this rule, an enforcement action has been resolved if the owner or
			 operator of a processing facility has entered into an administrative order or
			 judicial order with regard to the violation of environmental laws, or the owner
			 or operator of a processing facility has adjudicated the issue of whether they
			 are in violation of environmental laws to finality.
(9)
									The owner and
			 operator of the processing facility exhibit sufficient reliability, expertise,
			 and competency to operate the processing facility in substantial compliance
			 with environmental laws in this state as a result of, and including but not
			 limited to, the assets, employees, equipment, and other resources available at,
			 and dedicated to, the processing facility.