Current through all regulations passed and filed through September 16, 2024
(A)
The owner or
operator of a scrap tire collection facility shall conduct closure when any of
the following occurs:
(1)
The owner or operator of the scrap tire collection
facility declares in writing to Ohio EPA that the scrap tire collection
facility will no longer be accepting scrap tires.
(2)
A license issued
to the scrap tire collection facility has expired and a renewal license has not
been applied for in the manner prescribed in Chapter 3745-501 of the
Administrative Code.
(3)
A scrap tire collection facility license has expired
and another license has been applied for and denied as a final action of the
licensing authority.
(4)
A scrap tire collection facility license has been
revoked as a final action of the licensing authority.
(5)
A scrap tire
collection facility registration certificate has been revoked as a final action
of the director.
(B)
Closure
notification requirements.
(1)
The owner or operator of a scrap tire collection
facility that has triggered closure in accordance with paragraph (A)(1) of this
rule shall provide written notice to the entities identified in paragraph
(B)(3) of this rule via certified mail or any other form of mail accompanied by
a receipt not later than sixty days prior to the anticipated date the scrap
tire collection facility will cease acceptance of scrap tires.
(2)
The owner or
operator of a scrap tire collection facility that has triggered closure in
accordance with paragraphs (A)(2) to (A)(5) of this rule shall provide written
notice to the entities identified in paragraph (B)(3) of this rule via
certified mail or any other form of mail accompanied by a receipt not later
than seven days after expiration of the scrap tire collection facility's
license or the date of a final action issued by the director or the approved
board of health.
(3)
The owner or operator of a scrap tire collection
facility shall submit a closure notification to the following entities:
(a)
The single or
joint county solid waste management district or regional solid waste management
authority where the facility is located or that is served by the
facility.
(b)
The board of health.
(c)
The local fire
department.
(d)
The appropriate Ohio EPA district
office.
(4)
The notification specified in paragraphs (B)(1) and
(B)(2) of this rule shall include the scrap tire collection facility's closure
contact person's name, address, and telephone number and the date in which the
scrap tire facility will cease acceptance of scrap tires.
(C)
Not
later than thirty days after closure is triggered in accordance with paragraph
(A) of this rule, the owner or operator shall complete the following closure
activities:
(1)
Cease acceptance of scrap tires.
(2)
Post signs in
such a manner as to be easily visible at all entrances to the scrap tire
collection facility stating that the facility is closed for all scrap tire
activities and maintain the signs in legible condition for not less than six
months after closure of the scrap tire collection facility with text that
includes the following in letters not less than three inches high:
"This facility is closed for all scrap
tire activities. Call the [name of the local solid waste management district]
at [telephone number of the local solid waste management district] or [name of
the Ohio EPA district office] for the location of the nearest facility that is
authorized to accept scrap tires."
"Depositing scrap tires at a closed
scrap tire collection facility constitutes open dumping and is a violation of
Chapter 3734. of the Revised Code. Whoever recklessly or knowingly violates
Chapter 3734. of the Revised Code may be guilty of a felony punishable by a
fine of at least $10,000 but not more than $25,000, imprisonment for at least
two years but not more than four years, or both."
(3)
Remove and
transport all remaining scrap tires using a registered scrap tire transporter
to one or more of the locations specified in paragraph (A)(1) of rule
3745-580-110 of the
Administrative Code.
(4)
Remove and properly dispose of any solid waste
remaining on site.
(5)
Submit the final annual report to Ohio EPA in
accordance with rule
3745-580-215 of the
Administrative Code.
(6)
Continue mosquito control in accordance with rule
3745-580-210 of the
Administrative Code until the facility is deemed closed in accordance with
paragraph (E) of this rule.
(D)
Closure
certification. Not later than thirty days after completing the closure
requirements contained in paragraph (C) of this rule, the owner or operator
shall submit a written closure certification to the approved board of health
and Ohio EPA stating that the specifications of paragraph (C) have been met.
The owner or operator shall not convert the scrap tire collection facility to
other uses until written concurrence with the closure certification has been
received in accordance with paragraph (E) of this rule.
(E)
Closure of the
scrap tire collection facility shall be deemed complete when the owner or
operator receives written concurrence with the closure certification from Ohio
EPA.
Replaces: 3745-27-66
