Current through all regulations passed and filed through March 18, 2024
If a term used in this chapter is
defined in rule
3745-500-02 of the
Administrative Code, the definition in rule
3745-500-02 of the
Administrative Code is applicable to this chapter unless the term is defined in
this rule. As used in this chapter:
(B) "Board" means the board of directors of a
single county or a joint solid waste management
district, the board of county commissioners of a county solid waste management
district, or the board of trustees of a solid waste management
authority.
(C)
"Customer" means a person who contracts with, or
utilizes the solid waste services of, the owner or operator of a solid waste
transfer or disposal facility or a transporter of solid waste to such a
facility.
(D)
(1) "District disposal
fee" means a fee levied by a solid waste management district pursuant to
division (B) of section
3734.57 of the Revised
Code.
(2) "District
generation fee" means a
fee levied by a solid waste management district pursuant to section
3734.573 of the Revised
Code.
(E)
(1) "Environmental protection fee" means a
fee levied by the state pursuant to division (A)(3) of section
3734.57 of the Revised
Code.
(2) "Excluded waste" means
materials that are
authorized for diposal at a solid waste landfill and
excluded from the definition of
solid waste.
(F)
(1) "Facility" means any site, location,
tract of land, installation, or building used for incineration, composting,
sanitary landfilling, or other methods of disposal of solid waste or, if the
solid waste consist of scrap tires, for the collection, storage, or processing
of the solid waste; for the transfer of solid waste; for the treatment of
infectious wastes; or for the storage, treatment, or disposal of hazardous
waste.
(2) "Fiscal officer" means
the fiscal officer of a township.
(H)
"Host community
fee" means a municipal corporation or township fee adopted pursuant to division
(C) of section 3734.57 of the Revised
Code.
(I)
(1)
"Incinerator" means any equipment, machine, device, article, contrivance,
structure, or part of a structure used to burn solid or infectious wastes to
ash.
(2) "Industrial
or
manufacturing waste" or "IMW"
is a
type of solid waste
and means the following:
(a)
Wastes generated
by fuel burning operations which are regulated by rule
3745-17-10 of the Administrative
Code and which burn as fuel primarily coal including air pollution control
wastes, water pollution control wastes, and other wastes with similar
characteristics that are approved by the director.
(b)
Wastes generated
from foundry operations including air pollution control dust, water pollution
control wastes, unspent foundry sand, spent foundry sand, and other foundry
wastes with similar characteristics that are approved by the
director.
(c)
Wastes generated from pulp and papermaking operations
including water pollution control wastes, lime mud, lime grit, sawdust, wood
chips, bark, hydropulper rejects, and other pulp and papermaking wastes with
similar characteristics that are approved by the director.
(d)
Wastes generated
from steelmaking operations including air pollution control dust, water
pollution control wastes, dust from steel processing and finishing operations,
water softening sludge, flux material, and other steelmaking wastes with
similar characteristics that are approved by the director.
(e)
Wastes generated
from gypsum processing plant operations including gypsum wallboard waste, paper
surface preparation dust, water pollution control wastes, and other gypsum
processing wastes with similar characteristics that are approved by the
director.
(f)
Wastes generated from lime processing operations
including air pollution control dust or sludge and other lime processing wastes
with similar characteristics that are approved by the director.
(g)
Wastes generated
from portland cement operations including air pollution control dust and other
processing wastes with similar characteristics that are approved by the
director.
(h)
Wastes generated by manufacturing or industrial
operations, other than those listed in paragraphs (I)(2)(a) to (I)(2)(g) of
this rule. These solid wastes do not include solid waste generated by
commercial operations including stores, offices, restaurants, and warehouses;
agricultural operations; or community operations including residents, hotels,
motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas.
(L)
"Load" means
the waste that is transported in and on a single delivery vehicle including but
not limited to a truck, an individual rail car, an individual roll-off
container, and an individual transfer trailer.
(M) "Municipal solid waste" is a type of
solid waste generated from community, commercial, and agricultural operations,
including but not limited to the following:
(1) Solid waste generated by community
operations
including wastes derived from
single and multiple
household residences, hotels, motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds, and day-use recreation areas.
(2)
Solid waste generated by commercial operations including stores, offices, restaurants,
warehouses, and other non- manufacturing activities.
(3)
Solid waste generated from agricultural operations including single-family and commercial farms,
greenhouses, and nurseries.
(4) Sludge from municipal, commercial, or industrial waste water treatment plants, water
treatment plants, and air pollution control facilities that is co-disposed with
wastes specified in paragraph (M)(1), (M)(2), (M)(3), or (M)(5) of this rule in
a sanitary landfill facility.
(5)
Fly ash and bottom ash generated from the incineration of municipal solid waste
provided the fly ash and bottom ash are not regulated as hazardous
wastes.
(R) "Reuse" means
taking an object or material that would otherwise be disposed and using it for
its original purpose or a similar purpose, without converting the object or
material. "Reuse" does not include using an object or material as fill. "Reuse"
is not recycling, storage, disposal, or transfer.
(S)
(1)
"Sanitary landfill facility" or "solid waste
landfill" means an engineered facility where the final deposition of
solid waste on or into the ground is practiced in accordance with Chapter 3734.
of the Revised Code and rules adopted thereunder, and includes the units within
the limits of waste placement, all groundwater monitoring and control system
structures, buildings, explosive gas monitoring, control, and extraction system
structures, surface water run-on and runoff control structures, sedimentation
ponds, liner systems, and leachate management system structures. The sanitary
landfill facility includes all portions of the facility described above and
those areas within three hundred feet of the limits of waste placement unless
an alternate setback is deemed acceptable by the director. If the owner or
operator has not obtained approval of a permit to install, which delineates the
setback from the limits of waste placement, submitted in accordance with
section 3734.05 of the Revised Code, the
sanitary landfill facility includes all portions of the facility described
above and those areas within three hundred feet of the limits of waste
placement unless the property line of the facility is less than three hundred
feet from the limits of waste placement, in which case the sanitary landfill
facility includes those areas within the property line.
(2) "Scrap tire
recovery facility" means any site, location, tract of land, installation, or
building that is used or intended to be used for the processing of scrap tires
for the purpose of extracting or producing usable products, materials, or
energy from the scrap tires. Processing includes but is not limited to: a
controlled combustion process, mechanical process, thermal process, or chemical
process that uses whole, split, or shredded scrap tires as a raw material.
Scrap tire recovery facility includes any facility that uses the controlled
combustion of scrap tires in a manufacturing process to produce process heat or
steam or any facility that produces usable heat or electric power through the
controlled combustion of scrap tires in combination with another fuel.
(3) "Solid waste energy
recovery facility" means any site location, tract of land, installation, or
building where mixed solid waste or select solid waste streams, including scrap
tires, is used as or intends to be used as fuel to produce energy, heat, or
steam. A solid waste energy recovery facility includes
the waste handling area, and the energy recovery unit and associated
equipment.
[Comment: A "solid waste energy recovery facility", which
exclusively uses scrap tires and other approved rubber waste as fuel, may be
regulated as a "scrap tire recovery facility."]
(4) "Source separated
recyclables" means materials that have been separated from other solid waste at
either the point of generation or the point of collection for the purpose of
recycling the materials.
(5) "State disposal
fee" means a fee levied by the state pursuant to divisions (A)(1) and (A)(2) of
section 3734.57 of the Revised
Code.
(T)
"Treasurer"
means the
treasurer or such other officer of the municipal corporation as, by virtue of
the charter, has the duties of the treasurer.
(U) "Unauthorized wastes"
include untreated infectious waste, waste oils,
hazardous wastes, yard waste, lead-acid batteries, scrap tires, bulk
containerized liquids, and any other materials not authorized for disposal at a
solid waste facility.