Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-580 - Scrap tire
Section 3745-580-103 - Criteria for approval, denial, suspension, or revocation of an annual registration certificate for a scrap tire transporter
Universal Citation: OH Admin Code 3745-580-103
Current through all regulations passed and filed through March 18, 2024
(A) An application, notwithstanding any deficiency, may be considered and acted upon if sufficient information is contained in the application for the director to determine whether the criteria set forth in this rule are satisfied.
(B) Approval. The director shall not approve an application for a scrap tire transporter registration certificate unless the director determines all of the following:
(1)
The applicant or person listed as the operator of the
scrap tire transportation operation is in substantial compliance with, or is on
a legally enforceable schedule through issuance of an administrative consent
order or judicial consent order to attain compliance with Chapters 3704.,
3714., 3734., 3745., and 6111. of the Revised Code at scrap tire transportation
operations, construction and demolition debris facilities, construction and
demolition debris processing facilities, or solid waste facilities they own or
operate. An applicant or person listed as the operator is not in substantial
compliance with Chapters 3704., 3714., 3734., and 6111. of the Revised Code if
the applicant has committed a significant or material violation of an
environmental law or has committed numerous, other violations of environmental
laws such that the violations reveal a practice of noncompliance with
environmental laws.
(2)
The applicant or person listed as the operator has
maintained a history of compliance with Chapters 3704., 3714., 3734., 3745.,
and 6111. of the Revised Code by resolving all administrative and judicial
enforcement actions that were brought against them that were based on a
significant or material violation of an environmental law, or were based on
numerous, other violations of environmental laws that revealed a practice of
noncompliance with environmental laws at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they own or operate or
at scrap tire transportation operations they have previously owned or operated.
For purposes of this rule, an enforcement action has been resolved if the
operator has entered into an administrative consent order or judicial consent
order with regard to the violation of environmental laws, or the operator has
adjudicated the issue of whether it is in violation of environmental laws to
finality.
(3)
A financial assurance instrument has been executed and
funded in accordance with rule
3745-580-23 of the
Administrative Code.
(4)
Siting criteria. The scrap tire transporter sorting
areas are not located within the following:
(a)
A
park.
(b)
One thousand feet from the boundaries of the following
natural areas:
(i)
Areas designated by the Ohio department of natural
resources as either a state nature preserve, a state wildlife area, or a state
wild, scenic or recreational river area, including areas designated by section
1517.05 or
1547.81 of the Revised
Code.
(ii)
Areas designated, owned, and managed by the Ohio
history connection as a nature preserve.
(iii)
Areas
designated by the United States department of interior as either a national
wildlife refuge or a national wild, scenic, or recreational
river.
(iv)
Areas designated by the United States forest service as
either a special interest area or a research natural area in the Wayne national
forest.
(c)
Two hundred feet from stream segments designated by
Ohio EPA as either a state resource water, a coldwater habitat, or an
exceptional warmwater habitat.
(5)
Fifty feet from
buildings not owned or leased by the scrap tire transporter or fifteen feet
from buildings owned or leased by the scrap tire transporter.
(6)
The scrap tire
sorting areas are in compliance with rule
3745-580-110 of the
Administrative Code or an approved scrap tire facility permit or registration
certificate, if applicable.
(C) Denial. The director may deny an application for a registration certificate for any of the following reasons:
(1)
Any of the criteria in paragraph (B) of this rule that
are applicable to the transporter are not met.
(2)
The registration
certificate application is incomplete and the applicant has not corrected noted
deficiencies identified by the director and resubmitted the application not
later than thirty days after receipt of the notice of
deficiency.
(3)
Falsification of any material information that is
required to be submitted to the director as part of the registration
certificate application.
(D) Suspension, revocation, or denial of an existing registration certificate.
(1)
The director may
suspend, revoke, or deny a scrap tire transporter registration certificate if
the scrap tire transporter fails to do any of the following:
(a)
Submit a complete
and accurate annual report in accordance with rule
3745-580-115 of the
Administrative Code.
(b)
Comply with orders issued by the director to remove and
properly dispose of scrap tires that were managed in accordance with the
following:
(i)
Delivered by the transporter to a location not authorized
under this chapter to receive scrap tires.
(ii)
Disposed of by
the transporter in a manner that constitutes open dumping.
(c)
Comply
with rule
3745-580-31 of the
Administrative Code where either of the following has occurred:
(i)
A fire involving
the vehicle utilized by the scrap tire transporter and the scrap tires the
vehicle was hauling.
(ii)
Open burning of scrap tires at any of the locations
described in paragraph (D)(1)(b) of this rule.
(2)
The
director may deny or revoke a registration certificate if the director
concludes at any time that any applicable laws have been or are likely to be
violated.
(E) Upon notice that a scrap tire transporter registration certificate has been denied in accordance with paragraph (D) of this rule, the scrap tire transporter shall conduct closure in accordance with rule 3745-580-125 of the Administrative Code.
Replaces: 3745-27-55
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.
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