Current through all regulations passed and filed through September 16, 2024
(A)
The owner or
operator of a scrap tire recovery facility shall conduct closure when any of
the following occurs:
(1)
The owner or operator of the scrap tire recovery
facility declares in writing to Ohio EPA that the scrap tire recovery facility
will no longer be accepting scrap tires.
(2)
A license issued
to the scrap tire recovery 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 recovery 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A scrap tire recovery facility license has been revoked
as a final action of the licensing authority.
(5)
A scrap tire
recovery facility permit to install or registration certificate has been
revoked as a final action of the director.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 recovery 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 recovery
facility will cease acceptance of scrap tires.
(2)
The owner or
operator of a scrap tire recovery 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 recovery facility's license
or the date of a final action issued by the director or approved board of
health.
(3)
The owner or operator of a scrap tire recovery 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 scrap tire recovery facility is located or that is served
by the scrap tire recovery 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 recovery facility's closure contact person's name, address, and telephone
number and the date in which the scrap tire recovery facility will cease
acceptance of scrap tires.
(C)
Not later than
thirty days after any closure is triggered in accordance with paragraph (A) of
this rule, the owner or operator of the scrap tire recovery 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 recovery facility stating that the scrap tire
recovery 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 recovery 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 recovery 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 including rough tire shreds, component
parts, partially assembled and fully assembled products made from scrap tires,
tire derived fuel, tire derived chip and other scrap tire derived products
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
3745-580-415 of the
Administrative Code.
(6)
Continue mosquito control in accordance with rule
3745-580-410 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 recovery facility 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 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 of the scrap tire recovery facility
shall not convert the scrap tire recovery 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 recovery facility shall be deemed complete when the owner or
operator receives written concurrence with the closure certification from Ohio
EPA.
Replaces: 3745-27-66
