Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-580 - Scrap tire
Section 3745-580-803 - Criteria for approval and denial of a scrap tire beneficial use project
Universal Citation: OH Admin Code 3745-580-803
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 a project for the beneficial use of scrap tires unless the director determines all of the following:
(1)
The proposed beneficial use will not violate Chapter 3704.,
3714., 3734., or 6111. of the Revised Code.
(2)
The proposed
beneficial use as described in the project will provide a sound engineering or
financial benefit and is capable of being constructed and completed in
accordance with rules
3745-580-800 to
3745-580-810 of the
Administrative Code, as applicable.
(3)
The beneficial
use as described in the project will not create a nuisance or hazard to public
health or safety or the environment.
(4)
All proposed
scrap tire storage areas meet the requirements of rule
3745-580-810 of the
Administrative Code.
(5)
The property owner and the applicant for the beneficial
use are 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. A property owner and an applicant are not in substantial compliance
with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code if the
property owner or applicant have 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.
(6)
The property owner and the applicant have 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 property owner or applicant has
entered into an administrative consent order or judicial consent order with
regard to the violation of environmental laws, or the property owner or
applicant has adjudicated the issue of whether they are in violation of
environmental laws to finality.
(7)
All proposed
scrap tire storage areas including portable containers are not located within
the following:
(a)
One hundred feet from any buildings or structures not
owned or leased by the property owner or the applicant for the beneficial
use.
(b)
A regulatory floodplain.
(c)
A park in
existence on the date of receipt of the application by Ohio
EPA.
(d)
One thousand feet of the following natural areas in
existence on the date of receipt of the application by Ohio EPA:
(i)
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.
(ii)
Areas designated, owned, and managed by the Ohio
history connection as a nature preserve.
(iii)
Areas
designated by the United States department of the interior as either a national
wildlife refuge or a national wild, scenic, or recreational
river.
(iv)
Areas designated by the United States forest service as
either a special interest area or a research natural area in the Wayne national
forest.
(v)
Stream segments designated by Ohio EPA as either a
state resource water, a coldwater habitat, or an exceptional warmwater
habitat.
(e)
Two hundred feet from surface waters of the
state.
(f)
Five hundred feet from a domicile not owned by the
applicant.
(g)
One hundred feet of any property line.
(C) The director may deny a beneficial use project application for any of the following reasons:
(1)
Any of the
applicable criteria specified in paragraph (B) of this rule are not
met.
(2)
The 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
required to be submitted to the director as part of the
application.
Replaces: 3745-27-78
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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