(A)
Chapters 3745-27,
3745-29, 3745-30 and 3745-37 of the Administrative Code shall not apply to the
following activities or facilities:
(1)
Solid wastes generated within a single-family residence
and disposed of on the premises where generated in a manner that does not
create a nuisance or health hazard.
(2)
The temporary
storage of solid wastes, other than scrap tires, prior to collection for
disposal or transfer. The temporary storage of putrescible solid wastes in
excess of seven days, or temporary storage of any solid wastes where such
storage causes a nuisance or health hazard in the judgment of the health
commissioner or the director or their authorized representative shall be
considered open dumping.
In addition, Chapters 3745-27 and
3745-37 of the Administrative Code shall not apply to the storage of one
hundred or fewer scrap tires unless they are stored in such a manner that, in
the judgment of the director or the board of health of the health district in
which the scrap tires are stored, the storage causes a nuisance, a hazard to
public health or safety, or a fire hazard.
(3)
Vehicles used for
hauling solid wastes other than scrap tires.
(4)
The beneficial
use of coal combustion byproducts at coal mining and reclamation operations and
abandoned mine lands that are regulated and authorized by the Ohio department
of natural resources pursuant to section
1513.02 of the Revised
Code.
(5)
Incinerators or energy recovery facilities that
incinerate wastes generated on one or more premises owned by the person who
owns the incinerator or energy recovery facility. This does not include a
facility that treats infectious waste pursuant to Chapter 3734. of the Revised
Code.
(6)
A junk yard or scrap metal processing facility licensed
pursuant to Chapter 4737. of the Revised Code, or a motor vehicle salvage
business licensed pursuant to Chapter 4738. of the Revised Code. This exemption
does not apply to the management, use, collection, storage, recovery, disposal,
or beneficial use of scrap tires at a junk yard, scrap metal processing
facility, or motor vehicle salvage business, and shall not be construed to
include sites where open dumping or open burning has occurred.
(7)
Pond and lagoon
operations regulated under Chapter 6111. of the Revised Code.
(8)
Sewage sludge
disposal, use, transportation or storage as approved under Chapter 6111. of the
Revised Code.
(9)
Land application of the following solid wastes
authorized under Chapter 6111. of the Revised Code:
(a)
Agricultural
waste for incorporation into soil as a soil amendment or for agricultural or
horticultural applications, provided that all of the following conditions are
met:
(i)
The
agricultural waste is limited to source-separated non-processed plant materials
including stems, leaves, vines, roots, and raw vegetables, fruits, and
grains.
(ii)
The agricultural waste is land-applied exclusively on
fields owned by the owner of the agricultural production operation that
generated the agricultural waste.
(iii)
The land
application of the agricultural waste does not create a nuisance or health
hazard in the judgment of the health commissioner or the
director.
(b)
Pulp or paper sludge from wastewater treatment
works.
(c)
Sawdust.
(d)
Compost product
blended with a solid waste.
(e)
Lime-based or
gypsum-based waste including but not limited to flue gas desulfurization
sludge, lime kiln, or cement kiln dust.
(10)
A combustion
unit permitted and operating under an air permit that uses solid wastes as
fuels or ingredients in accordance with 40 C.F.R. Part 241 and rule
3745-599-10
of the Administrative Code.
(11)
Infectious
wastes generated on the premises of a single-family residence not utilized for
commercial purposes.
(12)
Infectious wastes generated by individuals for the
purposes of their own care or treatment that are disposed of with solid wastes
from the individual's residence.
(13)
Tree stumps not
otherwise exempted by this rule or Chapter 3734. of the Revised Code that are
disposed in a licensed construction and demolition debris disposal
facility.
(14)
Controlled substances handled in accordance with
Chapters 4729. and 3719. of the Revised Code or materials that have been
ordered destroyed by a court of law that are destroyed at facilities licensed
for the treatment of infectious waste.
(15)
Land application
of yard waste for incorporation into soil as a soil amendment, for agricultural
or horticultural applications, or for land reclamation, provided that such land
application does not create a nuisance or health hazard in the judgment of the
health commissioner or the director.
(16)
The disposal of
animals destroyed because of a dangerously infectious or contagious disease in
accordance with section
941.14 of the Revised
Code.
(B)
Exemptions. Pursuant to division (G) of section
3734.02 of the Revised Code, the
director may, by order, exempt any person generating, collecting, storing,
treating, disposing of, or transporting solid wastes or infectious wastes, or
processing solid wastes that consist of scrap tires from any requirement of
Chapter 3734. of the Revised Code or any rules adopted thereunder if granting
the exemption is unlikely to adversely affect the public health or safety or
the environment.
(C)
Variances.
(1)
Any person may apply for a variance from any provision
of this chapter except for those adopted under division (M) of section
3734.02 or section
3734.021 of the Revised
Code.
(2)
Applications for a variance shall identify each
provision for which the variance is requested and shall contain information
regarding the reason and justification for the variance and any other
information deemed appropriate by the director as specified in paragraph (C)(5)
of this rule.
(3)
In accordance with division (S)(1) of section
3745.11 of the Revised Code, a
non-refundable fee of fifteen dollars shall be paid at the time the application
for a variance is submitted. If the application for a variance is part of an
application for a permit to install, the variance application fee shall be paid
in addition to the permit to install application fee.
(4)
The director
shall approve or deny an application for a variance or renewal of a variance
not later than six months after the date upon which the director receives a
complete application with all pertinent information and data required, unless
the application for a variance is part of an application for a permit to
install. If an application for a variance is part of an application for a
permit to install, the director shall approve or deny an application for a
variance or renewal of a variance concurrent with a final or proposed action on
the permit to install application.
(5)
The director
shall issue a variance only if the applicant demonstrates to the director's
satisfaction that construction, operation, closure activities, or post-closure
activities of the solid waste facility in the manner approved by the variance
and any terms or conditions imposed as part of the variance will not create a
nuisance or a hazard to public health or safety or the environment and is
unlikely to result in a violation of any other requirement of Chapters 3704.,
3714., 3734. or 6111. of the Revised Code and any rules adopted
thereunder.
(6)
In issuing a variance, the director shall comply with
the applicable requirements of division (A) of section
3734.02 of the Revised
Code.
Replaces: 3745-27-03