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 mobile scrap tire recovery
facility registration certificate unless the director determines all of the
following:
(1)
The establishment or modification and operation of the
mobile scrap tire recovery 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 business owner or
operator of the mobile scrap tire recovery 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 business 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 business owner or
operator of the mobile scrap tire recovery 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 business owner or operator has entered into an
administrative consent order or judicial consent order with regard to the
violation of environmental laws, or the business owner or operator of the
mobile scrap tire recovery facility has adjudicated the issue of whether they
are in violation of environmental laws to finality.
(4)
The applicant has
submitted a draft financial assurance instrument in accordance with rules
3745-503-05 and
3745-580-22 of the
Administrative Code.
(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
3745-580-510 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 mobile scrap
tire recovery 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.
