Current through all regulations passed and filed through September 16, 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.
(B) 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 new hazardous waste facilities. 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)
Paragraph
(A) of this rule.
(2) The active areas within a new hazardous
waste facility where acute hazardous waste as listed in paragraph (E) of rule
3745-51-33 of the Administrative
Code, or organic waste that is toxic and is listed in Chapter 3745-51 of the
Administrative Code, is stored,
treated, or disposed , and where the
aggregate of the storage design capacity and the disposal design capacity of
all hazardous waste in those areas is greater than two hundred fifty thousand
gallons, are not located or operated within any of the following:
(a) Two thousand feet of any residence,
school, hospital, jail, or prison;
(b) Any naturally occurring wetland;
or
(c) Any flood hazard area if the
applicant cannot show that the facility will be designed, constructed,
operated, and maintained to prevent washout by a one-hundred-year
flood.
(3) The criteria
in paragraph (B)(2) of this rule does not apply to the facility of any
applicant who demonstrates to the director that all of the following:
(a) The limitations specified in paragraph
(B)(2) of this rule are not necessary because of the nature or volume of the
waste and the manner of management applied.
(b) The facility will impose no substantial
danger to the health and safety of persons occupying the structures listed in
paragraph (B)(2) of this rule.
(c)
The facility is to be located or operated in an area where the proposed
hazardous waste activities will not be incompatible with existing land uses in
the area.
(C)
If owners and operators of hazardous waste facilities can demonstrate that the
information prescribed in the "Siting Criteria Document" cannot be provided to
the extent required, on a case-by-case basis, the
director may make allowance for submittal of alternative information
.
(D) Information required in the "Siting
Criteria Document" shall be submitted to the director and signed in accordance
with rule
3745-50-42 of the Administrative
Code. Certain technical data, such as design drawings and specifications, and
engineering studies shall be certified by a professional engineer.
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]
