Current through all regulations passed and filed through September 16, 2024
(A)
The owner or
operator of a scrap tire storage facility shall conduct closure when any of the
following occurs:
(1)
The owner or operator of the scrap tire storage
facility declares in writing to Ohio EPA that the scrap tire storage facility
will no longer be accepting scrap tires.
(2)
A license issued
to the scrap tire storage 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 storage 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A scrap tire storage facility license has been revoked
as a final action of the licensing authority.
(5)
A scrap tire
storage facility permit to install or registration certificate has been revoked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 storage 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 storage
facility will cease acceptance of scrap tires.
(2)
The owner or
operator of a scrap tire storage 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 storage 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 storage 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 storage 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 of the scrap tire storage facility
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 storage 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 storage
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 storage 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 to Ohio EPA the final annual report in
accordance with rule
3745-580-315 of the
Administrative Code.
(6)
Continue mosquito control in accordance with rule
3745-580-310 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 of
the scrap tire storage facility shall submit a written closure certification to
the approved board of health and Ohio EPA stating that the specifications of
paragraph (C) of this rule have been met and includes a request that the
director release the financial assurance in accordance with rule
3745-503-05 of the
Administrative Code. The owner or operator shall not convert the scrap tire
storage facility to other uses until concurrence with the closure certification
has been received in accordance with paragraph (E) of this
rule.
(E)
Closure of the scrap tire storage facility shall be
deemed complete when the owner or operator receives written concurrence with
the closure certification from Ohio EPA.
Replaces: 3745-27-66
