Current through all regulations passed and filed through September 16, 2024
(A) The director shall maintain the following
approved lists of health districts:
(1) The
solid and infectious wastes program approved list of health districts for the
purpose of issuing a license to a solid waste facility or infectious waste
treatment facility under section
3734.05 of the Revised Code;
and
(2) The construction and
demolition debris program approved list of health districts for the purpose of
issuing a license to a construction and demolition debris facility under
section 3714.06 of the Revised
Code.
(B) Health
districts placed on the solid and infectious wastes program approved list are
also concurrently placed on the construction and demolition debris program
approved list as required by division (A) of section
3714.09 of the Revised Code.
Health districts removed from the solid and infectious wastes program approved
list in accordance with division (B) of section
3734.08 of the Revised Code are
also removed from the construction and demolition debris program approved list
as required by division (A) of section
3714.09 of the Revised Code.
Health districts which are not on the solid and infectious wastes program
approved list in accordance with division (A) or (B) of section
3734.08 of the Revised Code may
request that the director place the health district on the construction and
demolition debris program approved list in accordance with division (B)(1) of
section 3714.09 of the Revised Code.
[Comment: The criteria for the placement of a health district
on the director's construction and demolition debris approved list is contained
in paragraphs (B) and (C) of rule
3745-37-09 of the Administrative
Code.]
(C) The director
shall survey annually each health district on the solid and infectious wastes
program approved list as provided by section
3734.08 of the Revised Code to
determine whether there is substantial compliance with Chapter 3734. of the
Revised Code and with Chapters 3745-27 and 3745-37 of the Administrative Code.
Substantial compliance shall be deemed to exist if:
(1) Applications for solid waste facility
licenses or infectious waste treatment facility licenses are on file for each
licensed solid waste facility or infectious waste treatment facility in the
health district; and
(2)
Applications are properly completed with all required information; and
(3) All known solid waste
facilities or infectious waste treatment facilities operating in the health
district and required to hold licenses by section
3734.05 of the Revised Code do
hold valid and unexpired licenses; and
(4) No license has been issued for any new
solid waste facility or new infectious waste treatment facility prior to the
director's issuance of required permits and approval of required detail plans;
and
(5) Certification of inspection
and compliance has been made to the director within thirty days after issuance
of a solid waste facility license, or infectious waste treatment facility
license as required by section
3734.07 of the Revised Code;
and
(6) The health district
inspects solid waste facilities or infectious waste treatment facilities
subject to Chapter 3745-27 or 3745-37 of the Administrative Code, with
sufficient frequency to insure substantial compliance therewith, and in any
event inspects each such solid waste facility or infectious waste treatment
facility at least quarterly, and inspects each such new solid waste facility or
infectious waste treatment facility at least biweekly during the first three
months of operation. Such quarterly inspections shall include inspection of any
transport vehicles that are on the premises at the time of inspection; and
(7) The health district maintains
a file of information relating to each licensed solid waste facility and
infectious waste treatment facility throughout each facility's operation and
applicable closure and applicable postclosure periods. Each file shall include
applications for solid waste licenses, or infectious waste treatment facility
licenses, certification records, inspection records, approved plans, litigation
information (except that privileged by the attorney-client relationship), and
other pertinent information; and
(8) The health district undertakes
appropriate actions against persons holding solid waste licenses or infectious
waste treatment facility licenses and against persons who operate solid waste
facilities or infectious waste treatment facilities without holding required
solid waste licenses, or infectious waste treatment facility licenses, and
against other persons, whenever necessary to bring about substantial compliance
with Chapter 3734. of the Revised Code and Chapters 3745-27 and 3745-37 of the
Administrative Code; and
(9) The
health district takes immediate action to abate serious hazards to the public
health resulting from violations of Chapter 3734. of the Revised Code, and
Chapters 3745-27 and 3745-37 of the Administrative Code; and
(10) The health district complies with rule
3745-37-07 of the Administrative
Code; and
(11) The health district
seeks legal assistance from appropriate state and local agencies as necessary
to carry out its assigned responsibilities.
(D) The director shall survey annually each
health district on the construction and demolition debris program approved list
as provided by section
3714.09 of the Revised Code, to
determine whether there is substantial compliance with Chapter 3714. of the
Revised Code and with Chapters 3745-400 and 3745-37 of the Administrative Code.
Substantial compliance shall be deemed to exist if:
(1) Applications for construction and
demolition debris facility licenses are on file for each licensed construction
and demolition debris facility in the health district; and
(2) Applications are properly completed with
all required information; and
(3)
All known construction and demolition debris facilities operating in the health
district and required to hold licenses by section
3714.06 of the Revised Code do
hold valid and unexpired licenses; and
(4) Certification of inspection and
compliance has been made to the director within thirty days after issuance of a
construction and demolition debris facility license as required by section
3714.08 of the Revised Code;
and
(5) The health district
inspects construction and demolition debris facilities subject to Chapter
3745-400 or 3745-37 of the Administrative Code, with sufficient frequency to
insure substantial compliance therewith, and in any event inspects each such
construction and demolition debris facility at least quarterly, and inspects
each such new construction and demolition debris facility at least bi-weekly
during the first three months of operation; and
(6) The health district maintains a file of
information relating to each licensed construction and demolition debris
facility throughout operation and closure of the facility. Each file shall
include applications for construction and demolition debris facility licenses,
inspection records, approved exemptions and plans, certification records,
litigation information (except that privileged by the attorney-client
relationship), and other pertinent information; and
(7) The health district undertakes
appropriate actions against persons holding construction and demolition debris
facility licenses, and against persons who operate a construction and
demolition debris facility without holding a required construction and
demolition debris facility license and against other persons, whenever
necessary to bring about substantial compliance with Chapter 3714. of the
Revised Code and Chapters 33745-400 and 3745-37 of the Administrative Code; and
(8) The health district takes
immediate action to abate serious hazards to the public health resulting from
violations of Chapter 3714. of the Revised Code and Chapters 3745-400 and
3745-37 of the Administrative Code; and
(9) The health district complies with rule
3745-37-07 of the Administrative
Code; and
(10) The health district
seeks legal assistance from appropriate state and local agencies as necessary
to carry out its assigned responsibilities; and
(11) Each health district construction and
demolition debris staff person possesses either a registered
sanitarian/sanitarian in training certificate, the equivalent educational
background required to be a registered sanitarian, or two years adequate work
experience inspecting waste facilities; and
(12) The health district maintains a file of
information relating to each exemption issued, and each special term and/or
condition imposed with each license issuance. The file shall include a copy of
each exemption order issued and each license issued that contains special terms
and/or conditions, as well as the health district's written justification for
each action.
[Comment: Ohio EPA review of the documentation will be limited
to ensuring that all documentation is complete and is incorporated into the
file, not whether the documentation is technically adequate. A health district
will not be removed from the construction and demolition debris program
approved list for issuing an exemption or adding terms and/or conditions to a
license. However, if the documentation for the action is not filed, the
director may determine that the health district is not in substantial
compliance with Chapter 3714. of the Revised Code.]
(E) If the director determines
that:
(1) In accordance with sections
3734.08 and
3714.09 of the Revised Code,
there is substantial compliance with Chapters 3734. and 3714. of the Revised
Code and Chapters 3745-27, 3745-400, and 3745-37 of the Administrative Code, he
shall place the health district upon both the solid and infectious wastes
program approved list and the construction and demolition debris program
approved list; and
(2) In
accordance with division (B) of section
3714.09 of the Revised Code,
there is substantial compliance with Chapter 3714. of the Revised Code and
Chapters 3745-400 and 3745-37 of the Administrative Code, he shall place the
health district upon the construction and demolition debris program approved
list.
(F) If the
director determines that:
(1) In accordance
with division (B) of section
3734.08 and division (A) of
section 3714.09 of the Revised Code,
there is not substantial compliance with Chapters 3734. and 3714. of the
Revised Code and Chapters 3745-27, 3745-400, and 3745-37 of the Administrative
Code, he shall promptly notify the health district of his determination by
certified mail. The director or his authorized representative shall also
consult with and advise the health district regarding its ineligibility to be
placed on the both the solid and infectious wastes program approved list and
the construction and demolition debris program approved list and steps to be
taken to bring the solid waste program and/or infectious waste program and/or
construction and demolition debris program into compliance; and
(2) In accordance with division (B) of
Section 3714.09 of the Revised Code,
there is not substantial compliance with Chapter 3714l. of the Revised Code and
Chapters 3745-400 and 3745-37 of the Administrative Code, he shall promptly
notify the board of health of his determination by certified mail. The director
or his authorized representative shall also consult with and advise the health
district regarding its ineligibility to be placed on the construction and
demolition debris program approved list and steps to be taken to bring the
construction and demolition debris program into compliance.
(G) Between one hundred twenty and
one hundred eighty days after the mailing of the notice required by paragraph
(F) of this rule, the director shall re-survey the health district. If he
determines that there is substantial compliance, he shall maintain the health
district on the applicable approved list(s). If he determines that there is
still not substantial compliance, he shall promptly:
(1) Enter such determination into his
journal; and
(2) Notify the health
district of his determination by certified mail; and
(3) Publish notice of his determination in
the Ohio EPA "Weekly Review"; and
(4) Publish notice of his determination in a
newspaper of general circulation in the area within the jurisdiction of the
health district.
(H)
Within fifteen days after receipt of the notice specified by paragraph (G)(2)
of this rule, the health district shall comply with the requirements of
division (B) of section
3734.08 and section
3714.09 of the Revised
Code.
