Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-560 - Composting Facilities
Section 3745-560-101 - Criteria and procedures for approval, revocation, and administrative change of a class I composting facility permit to install
Universal Citation: OH Admin Code 3745-560-101
Current through all regulations passed and filed through December 16, 2024
(A) Criteria for approval.
(1) The director shall not approve a class I
composting facility permit to install unless the following are determined:
(a) Establishment or modification and
operation of the class I composting facility will not violate Chapter 3704.,
3734., or 6111. of the Revised Code.
(b) The applicant or person listed as the
operator who has previously or is currently responsible for the management or
operation of one or more solid waste facilities has managed or operated such
facility in substantial compliance with applicable provision of Chapters 3704.,
3714., 3734., and 6111. of the Revised Code and any rules adopted and permits
issued thereunder and has maintained substantial compliance with all applicable
orders issued by the director, environmental review appeals commission, or
courts having jurisdiction in accordance with Chapter 3746-13 of the
Administrative Code in the course of such previous or current management or
operations. The director may take into consideration whether compliance has
been maintained with any applicable order of a board of health maintaining a
program on the approved list.
(c)
The applicant meets the requirements of sections
3734.40 and
3734.43 of the Revised Code and
rules adopted thereunder.
(d) The
person listed as operator of the facility shall meet the requirements of
division (L) of section
3734.02 of the Revised Code and
rules adopted thereunder.
(e) The
permit to install application contains the information required pursuant to
rule 3745-560-100 of the
Administrative Code.
(f) The siting
criteria as established in rule
3745-560-100 of the
Administrative Code have been met.
(g) The facility preparation requirements are
met as established in rule
3745-560-102 of the
Administrative Code.
(h) The
letters of intent were sent in accordance with rule
3745-560-100 of the
Administrative Code.
(2)
An application not withstanding any deficiency may be considered and acted upon
if sufficient information is provided for the director to determine whether the
permit to install requirements set forth in rule
3745-560-100 of the
Administrative Code are satisfied.
(3) If the director determines that
information in addition to that required by rule
3745-560-100 of the
Administrative Code is necessary to determine whether the criteria set forth in
paragraph (A) of this rule are satisfied, the director may require that the
applicant supply such information as a precondition to further consideration of
the permit to install application.
(4) The director may deny a permit to install
application for a class I composting facility if not later than thirty days
after receipt of notification that the application is incomplete the owner or
operator has not corrected noted deficiencies and resubmitted the application
or has not submitted a written request for and obtained approval of a thirty
day extension.
(5) The director may
deny a permit to install application for a class I composting facility that
proposes to be established on land where a hazardous or solid waste facility
was operated and has not obtained previous authorization as required by rule
3745-27-13 of the Administrative
Code.
(B) Criteria for revocation of a class I composting facility permit to install.
The director may revoke a class I composting facility permit to install when any of the following apply:
(1) The composting facility ceases to be an
active composting facility.
(2) The
siting criteria as established in rule
3745-560-100 of the
Administrative Code have not been met.
(3) The composting facility was modified or
altered and the owner or operator did not submit to Ohio EPA a modification or
alteration request for the changes and failed to obtain any applicable
authorizing documents.
(4) A solid
waste facility license held by the owner or operator of the composting facility
expires and no license renewal has been applied for in the manner prescribed in
Chapter 3745-501 of the Administrative Code.
(5) A solid waste facility license held by
the owner or operator of the composting facility expires and a license renewal
has been applied for and denied as a final action of the licensing
authority.
(6) A solid waste
facility license held by the owner or operator of the composting facility has
been revoked as a final action of the licensing authority.
(7) The owner or operator sells or offers for
sale at retail or wholesale, uses, distributes for use, or gives away any
compost that does not comply with the applicable quality standards established
in this chapter.
(8) The
establishment or operation of the composting facility has violated Chapter
3704., 3734., or 6111. of the Revised Code.
(9) Any causes for revocation pursuant to
rule 3745-500-350 of the
Administrative Code.
(C) Administrative change. A permit to install may be administratively changed in accordance with rule 3745-500-360 of the Administrative Code.
(D) Procedures.
(1) When issuing, denying, modifying,
suspending, approving or denying transfer of, or revoking a permit to install,
the director shall follow the appropriate procedures set forth in rule
3745-500-120 of the
Administrative Code and any applicable procedures set forth in the Revised
Code.
(2) Upon approving or denying
the transfer of a permit to install, the director shall retain and distribute
copies of the signed approval or denial letter pursuant to rule
3745-500-130 of the
Administrative Code.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
