(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."]