Current through all regulations passed and filed through September 16, 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 collection facility
registration certificate unless the director determines all of the
following:
(1)
The establishment or modification and operation of the scrap
tire collection facility will not violate Chapter 3704., 3734., 3745., or 6111.
of the Revised Code and the rules adopted thereunder.
(2)
An applicant or
person listed as the owner or operator of the scrap tire collection facility 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 owner or operator is not in substantial compliance with Chapters 3704.,
3714., 3734., 3745., 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.
(3)
The applicant or person listed as the owner or 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, construction and demolition debris
facilities, construction and demolition debris processing facilities, or solid
waste facilities they have previously owned or operated. For purposes of this
rule, an enforcement action has been resolved if the owner or operator has
entered into an administrative consent order or judicial consent order with
regard to the violation of environmental laws, or the owner or operator has
adjudicated the issue of whether they are in violation of environmental laws to
finality.
(4)
Only whole scrap tires accepted from the public will be
collected or stored at the scrap tire collection facility.
(5)
All scrap tires
will be stored only in portable containers.
(6)
The total volume
of scrap tires collected will not exceed five thousand cubic
feet.
(C)
Upon approval, the registration certificate shall
remain in effect until the director has received, and approved in writing,
certification that all necessary closure activities have been completed, unless
the registration certificate has been revoked in accordance with rule
3745-580-210 of the
Administrative Code.
(D)
Denial. The director may deny an approval 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 scrap tire
collection facility 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
submitted to the director as part of the registration certificate
application.
