Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-580 - Scrap tire
Section 3745-580-303 - Criteria for approval and denial of a scrap tire storage facility permit to install or registration certificate application
Universal Citation: OH Admin Code 3745-580-303
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 class I scrap tire storage facility permit to install or a class II scrap tire storage facility registration certificate unless the director determines all of the following:
(1)
General criteria.
(a)
The establishment or modification and operation of the
scrap tire storage facility will not violate Chapter 3704., 3734., 3745., or
6111. of the Revised Code and the rules adopted thereunder.
(b)
An applicant or
person listed as the owner or operator of the scrap tire storage 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 applicable provisions of 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 of the scrap tire storage
facility is not in substantial compliance with Chapters 3704., 3714., 3734.,
3745., and 6111. of the Revised Code if the applicant or person listed as the
owner or operator of the scrap tire storage facility 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.
(c)
The applicant or
person listed as the owner or operator of the scrap tire storage facility 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 of the
scrap tire storage facility has entered into an administrative consent order or
judicial consent order with regard to the violation of environmental laws, or
the owner or operator of the scrap tire storage facility has adjudicated the
issue of whether they are in violation of environmental laws to
finality.
(d)
For an initial application, the applicant has submitted
a draft financial assurance instrument and the closure cost estimate calculated
in accordance with rules
3745-503-05 and
3745-580-22 of the
Administrative Code.
(e)
For an application submitted for a modification, the
applicant has submitted the closure cost estimate calculated in accordance with
rule 3745-580-22 of the
Administrative Code.
(2)
Siting
criteria.
(a)
The proposed scrap tire handling area is not located within
the following:
(i)
One thousand feet of a park in existence on the date of
receipt of the application by Ohio EPA. The one thousand foot setback does not
apply if the applicant obtains a written agreement from the owner or the
designated authority of the park to locate the scrap tire handling area within
one thousand feet of the above the park. The agreement shall be effective not
later than the issuance date of the permit or registration
certificate.
(ii)
One thousand feet from the boundaries of the following
natural areas in existence on the date of receipt of the application by Ohio
EPA:
(a)
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.
(b)
Areas designated, owned, and managed by the Ohio
history connection as a nature preserve.
(c)
Areas designated
by the United States department of the interior as either a national wildlife
refuge or a national wild, scenic, or recreational river.
(d)
Areas designated
by the United States forest service as either a special interest area or a
research natural area in the Wayne national forest.
(e)
Stream segments
designated by Ohio EPA as either a state resource water, a coldwater habitat,
or an exceptional warmwater habitat.
(b)
The proposed
outdoor scrap tire storage areas are not located within the following:
(i)
One hundred feet
of the scrap tire storage facility property line or from buildings or
structures not owned or leased by the owner or operator of the scrap tire
storage facility.
(ii)
Five hundred feet of a domicile not owned or leased by
the owner or operator of the scrap tire storage facility or within two hundred
feet of a domicile owned or leased by the owner or operator of the scrap tire
storage facility, unless all scrap tire storage areas located outside an
enclosed building are separated from any such buildings or structures by an
earthen berm, or by a building or structure owned or leased by the scrap tire
storage facility owner or operator, at least one and one half times the maximum
height of the scrap tire storage pile.
(iii)
Two hundred
feet of any surface waters of the state, unless the proposed outdoor scrap tire
storage areas are separated from the surface water of the state by an earthen
berm of sufficient height to control runoff from a fire at the scrap tire
storage facility.
(iv)
Under bridges, elevated trestles, elevated roadways,
elevated railroads, or electrical power lines having a voltage in excess of
seven hundred fifty volts or that supply power to fire emergency
systems.
(c)
The scrap tire storage facility is not located in a
regulatory floodplain.
(3)
Additional
criteria.
(a)
For a class I scrap tire storage facility permit to install, the applicant
meets the requirements of sections
3734.40 to
3734.47 of the Revised Code and
the rules adopted thereunder.
(b)
For a class I
scrap tire storage facility, the total scrap tire storage area is limited to
the area established in the permit to install that cannot be greater than three
acres. The owner or operator of a class I scrap tire storage facility which
proposes to store scrap tires shall also own or operate either of the following
to which the scrap tires stored at the scrap tire storage facility will be
transported:
(i)
A scrap tire monocell, monofill, or recovery facility
licensed under section
3734.81 of the Revised
Code.
(ii)
A scrap tire monocell, monofill, or recovery facility,
or any other solid waste disposal facility authorized to receive scrap tires,
that is located in another state and is operating in compliance with the laws
of that state.
(c)
For a class II scrap tire storage facility, the total
scrap tire storage area is limited to the area established in the registration
certificate that cannot be greater than ten thousand square
feet.
(C) Upon approval, the permit to install or 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 permit to install or registration certificate has been revoked in accordance with rule 3745-580-310 of the Administrative Code.
(D) Denial. The director may deny an approval for a permit to install or 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
storage facility are not met.
(2)
The permit to
install or 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 permit to install or registration
certificate application.
Replaces: 3745-27-62
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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