Current through all regulations passed and filed through September 16, 2024
(A)
Any person proposing to beneficially use scrap tires in
a manner that is not preauthorized in accordance with rule
3745-580-801 of the
Administrative Code shall obtain approval from the director for the beneficial
use prior to the start of the beneficial use project by submitting an
application to Ohio EPA on forms prescribed by the director that contain
sufficient detail to allow clear understanding for technical review of the
application and to provide assurance that the beneficial use project is
designed and can be constructed and operated in accordance with rule
3745-580-810 of the
Administrative Code. At a minimum, the application shall contain the
following:
(1)
The name, address, email address, and telephone number of
the applicant.
(2)
The address and parcel numbers of the proposed
beneficial use site and any temporary storage sites.
(3)
The name,
address, email address, and telephone number of all owners of the property
identified in paragraph (A)(2) of this rule.
(4)
A narrative that
includes the following:
(a)
Estimates of the maximum amount of scrap tires, either
number or quantity in weight or volume, proposed for beneficial use and the
maximum amount of tires to be temporarily stored prior to beneficial use. If
construction of the project will take longer than thirty days, the person
proposing to beneficially use scrap tires shall ensure temporary storage does
not exceed the amount of scrap tires planned to be used in a thirtyday
period.
(b)
A detailed description of how the scrap tires will be
used and the engineering and financial benefits of using scrap tires in lieu of
standard materials.
(c)
A detailed schedule for completion of the beneficial
use project, including the start date and end date.
(d)
A description of
the mosquito control measures to be used during storage and beneficial use of
the scrap tires.
(5)
Plan view
drawings and detailed engineering plans with a scale of one inch equals no
greater than one hundred feet showing the following items within the boundary
of the proposed beneficial use site and within five hundred feet of the
property boundary:
(a)
The property lines and parcel numbers of the proposed
beneficial use site.
(b)
The location and limits of the beneficial use site and
any scrap tire storage areas, portable scrap tire storage containers, and scrap
tire storage piles including the maximum height of all scrap tire storage
piles.
(c)
The location of all fire breaks and access
roads.
(d)
The location of all buildings and
structures.
(e)
The location of the regulatory
floodplain.
(f)
The location and boundaries of all natural areas as
listed in paragraphs (B)(7)(c) and (B)(7)(d) of rule
3745-580-803 of the
Administrative Code.
(g)
Existing topography showing streams, wetlands, lakes,
springs, and other surface waters of the state, with a contour interval no
greater than five feet.
(h)
The north arrow.
(6)
A letter of
consent from the property owner where the beneficial use is proposed, if the
property owner is not the applicant, that includes the following statement, "I
understand that, as the owner of the property on which this beneficial use of
scrap tires will be placed, I am responsible for the removal of the scrap tires
in the event the project fails to comply with the approved project plan and the
beneficial use applicant fails to correct the problem or remove the scrap
tires."
(7)
For a beneficial use proposed to be more than one
hundred scrap tires in contact with surface water of the state, correspondence
with the Ohio department of natural resources and the U.S. army corps of
engineers consenting to the proposed beneficial use.
(8)
If the scrap
tires are proposed to be used for structural fill, construction plans for the
structural fill, including a stability analysis when necessary, prepared,
signed, and sealed by a professional engineer registered in the state of
Ohio.
(B)
The person proposing to beneficially use scrap tires
shall also send a copy of scrap tire beneficial use project application to the
board of health where the project will be located via certified mail or any
other form of mail accompanied by a receipt.
(C)
If the director
determines that additional information is necessary to determine whether the
criteria set forth in rule
3745-580-803 of the
Administrative Code are satisfied, the applicant shall supply such information
as a precondition to further consideration of the application.
[Comment: Rule
3745-580-803 of the
Administrative Code states that an incomplete application may be a basis for
denial of a scrap tire beneficial use project plan.]
