Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-599 - Beneficial Use of Wastes
Section 3745-599-200 - General beneficial use permit
Universal Citation: OH Admin Code 3745-599-200
Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, and test methods referenced in this rule, see rule 3745-599-03 of the Administrative Code titled "Beneficial use - incorporation by reference."]
(A) The director may issue or renew a general beneficial use permit without application. A general beneficial use permit may address the following:
(1) A specific category or categories of
beneficial use byproducts and beneficial uses by persons conducting similar
activities.
(2) Establishment of
general beneficial use permit eligibility criteria, which may include but are
not limited to the identification of the following:
(a) Activities such as generation,
processing, distribution, or placement of the beneficial use
byproducts.
(b) Persons including
but not limited to generators, processors, distributors, or
landowners.
(3)
Establishment of requirements pertaining to the characterization of the
beneficial use byproducts.
(4)
Establishment of restrictions or standards for the beneficial uses of
beneficial use byproducts. The director may consider established screening
levels, restrictions or standards, and site specific standards that include but
are not limited to the following:
(a) United
States environmental protection agency "Regional Screening Levels."
(b) United States environmental protection
agency "Risk Assessment of Spent Foundry Sands In Soil-Related
Applications."
(c) Chapter 3745-1
of the Administrative Code ("Aquatic Toxicity" standards and "Water Quality"
criteria).
(d) Chapter 3745-40 of
the Administrative Code ("Sewage Sludge Program Limits").
(e) Chapter 3745-300 of the Administrative
Code ("Voluntary Action Program" standards).
(f) Information regarding ambient background
concentrations.
(5)
Establishment of requirements, including BMPs pertaining to the beneficial use,
management, and storage of beneficial use byproducts, including setbacks and
isolation distances. The director may consider at a minimum the following in
determining appropriate BMPs:
(a) Ohio
environmental protection agency's "Rainwater and Land Development
Manual."
(b) United States
environmental protection agency's internet-based resources relating to BMPs for
erosion and sedimentation, including the sector specific "Industrial Storm
Water Fact Sheet Series."
(c)
"National Menu of Best Management Practices (BMPs) for Stormwater."
(d) "National Management Measures to Control
Nonpoint Source Pollution from Urban Areas, EPA-841-B-05-004."
(e) Ohio hydrologic soil groups.
(f) Precipitation forecasts.
(g) Soil temperatures.
(h) Other BMPs listed in Chapter 3745-40 of
the Administrative Code.
(6) Establishment of record keeping and
reporting requirements.
(7)
Establishment of requirements specific to the type of beneficial use byproduct,
locations of the beneficial use, and the beneficial uses authorized under the
general beneficial use permit.
(8)
Establishment of a general beneficial use permit expiration date and general
beneficial use permit renewal procedures.
(9) Notification requirements upon
distribution of the beneficial use byproduct.
(10) Establishment of requirements for land
use restrictions including but not limited to deed restrictions and
environmental covenants.
(11) A
demonstration of legitimacy in accordance with rule
3745-599-35 of the
Administrative Code.
(B) Criteria for issuance of a general beneficial use permit. The director shall not issue a general beneficial use permit unless the following are determined:
(1) Beneficial use of the beneficial use
byproduct as authorized by the general beneficial use permit is unlikely to
create a nuisance or adversely affect public health, safety, or the
environment.
(2) Beneficial use of
the beneficial use byproduct as authorized by the general beneficial use permit
is unlikely to cause pollution of waters of the state.
(3) Beneficial use of the beneficial use
byproduct as authorized by the general beneficial use permit is unlikely to
cause air pollution.
(4) The
issuance of the general beneficial use permit complies with division (M) of
section 3734.02 of the Revised
Code.
(C) A person may apply for coverage under a general beneficial use permit by submitting a notice of intent to obtain coverage in accordance with rule 3745-599-210 of the Administrative Code.
(D) Revocation or non-renewal of general beneficial use permits.
(1) The director may revoke a general
beneficial use permit during its term if the director determines that the
criteria contained in paragraph (B) of this rule have not been met.
(2) The director may renew a general
beneficial use permit.
(3) If the
director proposes to revoke a general beneficial use permit or if the general
beneficial use permit expires without renewal, the director shall send notice
of the proposed revocation or non-renewal in writing to each permittee covered
under the general beneficial use permit.
(4) Termination of coverage under the general
beneficial use permit shall occur upon the effective date of a final revocation
or the expiration date of a general beneficial use permit that is not
renewed.
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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