Current through all regulations passed and filed through September 16, 2024
(A)
General
beneficial use permit coverage.
(1)
Upon receipt of a complete notice of intent that
demonstrates that the criteria for general beneficial use permit eligibility
have been satisfied, the director may authorize coverage of the applicant under
the general beneficial use permit.
(2)
No person is
authorized to beneficially use a beneficial use byproduct under authority of a
general beneficial use permit until the director issues a written notification
or order to that person stating that the beneficial use of the beneficial use
byproduct is authorized by a general beneficial use permit.
(3)
Any person
authorized to beneficially use a beneficial use byproduct under authority of a
general beneficial use permit shall comply with the general beneficial use
permit and this chapter.
(4)
Any person authorized to beneficially use a beneficial
use byproduct under authority of the general beneficial use permit shall only
beneficially use a beneficial use byproduct at a location that has been
specified in a general beneficial use permit or identified in a written
notification or order stating that the beneficial use is authorized by a
general beneficial use permit.
(5)
Coverage under a
general beneficial use permit is non-transferable.
(6)
Except as
provided in paragraph (G) of this rule, coverage under general beneficial use
permit expires upon the expiration date of the general beneficial use
permit.
(B)
Record keeping. Unless otherwise specified in the
general beneficial use permit, the permittee shall maintain and make available
the following to Ohio EPA for a period of five years after beneficial use of
the beneficial use byproduct has last occurred:
(1)
Records of the
annual volume of the beneficial use byproduct that is managed and the amounts
beneficially used under the general beneficial use permit.
(2)
Any beneficial
use byproduct characterization information required by the general beneficial
use permit.
(3)
Any other information required to be maintained by the
general beneficial use permit or by the notice or order from the director
stating that the beneficial use of the beneficial use byproduct is authorized
by the general beneficial use permit.
(C)
Administrative
change. The director may make an administrative change to the order or written
notification specified in paragraph (A)(2) of this rule. An administrative
change may include changes to do either of the following:
(1)
Update or correct
administrative information including but not limited to the telephone number,
address, or name of the contact person of the permittee, generator, or
distributor.
(2)
Correct typographical errors.
(D)
Change
in beneficial use byproduct characteristics.
(1)
The permittee
shall notify the director prior to a change in the generating process or when
the permittee anticipates a change in the feedstock, input materials, or raw
materials used in the generating process and shall include information
regarding the following:
(a)
Whether the beneficial use byproduct is anticipated to
continue to meet the specifications of the general permit.
(b)
Whether the
change constitutes a material change.
(2)
If a change in
the generating process, feedstock, input materials, or raw materials
constitutes a material change, the director may require the permittee to
conduct and submit an additional characterization of the beneficial use
byproduct in accordance with rule
3745-599-60
of the Administrative Code.
(3)
If at any time
the beneficial use byproduct has undergone a material change or does not meet
the requirements of the general permit, the permittee shall cease beneficial
use and distribution of the beneficial use byproduct and provide written notice
to Ohio EPA not later than three days after ceasing beneficial use of the
beneficial use byproduct. Beneficial use and distribution of the beneficial use
byproduct shall cease until the permittee does one of the following:
(a)
Not later than
sixty days prior to re-commencing beneficial use and distribution of the
beneficial byproduct, the permittee shall perform and submit the following to
Ohio EPA:
(i)
A
characterization of the beneficial use byproduct as required in the general
beneficial use permit. The characterization shall include sufficient samples as
necessary for a statistical analysis.
(ii)
A statistical
analysis that demonstrates compliance with the general beneficial use
permit.
(iii)
An explanation of how re-commencing beneficial use and
distribution of the beneficial use byproduct will meet the specifications of
the general beneficial use permit and this chapter.
(b)
Submits an
application for an individual beneficial use permit and obtains an
authorization pursuant to this chapter.
(E)
Denial of
coverage under a general beneficial use permit.
(1)
The director
shall deny coverage under a general beneficial use permit when information,
including but not limited to the notice of intent that is required to be
submitted under this chapter, demonstrates non-compliance with this chapter or
with any requirements in the general beneficial use permit.
(2)
The director may
deny coverage for the beneficial use of a beneficial use byproduct at any
location where the director determines that the beneficial use may endanger
public health, safety, or the environment or if the director determines the
beneficial use may create a nuisance or cause or contribute to water pollution
or air pollution. In making a determination to deny coverage, the director
shall at a minimum consider the following locations:
(a)
Within a drinking
water source protection area for a public water system using ground
water.
(b)
Within five hundred feet of a well that provides
potable drinking water for human or livestock consumption.
(c)
Within an
emergency management zone.
(d)
Within a flood
plain.
(e)
Within a location prohibited under division (M) of
section 3734.02 of the Revised
Code.
(3)
The director may deny coverage for the beneficial use
of a beneficial use byproduct in the construction of facilities used to treat,
store, or convey potable water for human or livestock
consumption.
(4)
If coverage under a general beneficial use permit is
denied, an applicant may apply for an individual beneficial use permit in
accordance with rule
3745-599-310
of the Administrative Code.
(F)
Revocation of
coverage under a general beneficial use permit. The director may revoke
coverage under a general beneficial use permit if any of the following
occur:
(1)
The
director finds that there has been a violation of a law, rule, or an
authorization issued pursuant to Chapter 3704., 3734., or 6111. of the Revised
Code or the rules adopted thereunder, or any other applicable environmental
laws and regulations.
(2)
The director has determined that a nuisance, or an
adverse impact to public health, safety, or the environment has been caused by
the beneficial use of the beneficial use byproduct.
(3)
The director has
determined that information submitted as the basis for the director's
determination to authorize coverage was incomplete, incorrect, or is no longer
valid.
(4)
The director has determined that the beneficial use
byproduct or the beneficial use no longer meets the criteria for coverage under
the general beneficial use permit.
(5)
The permittee
requests that the director revoke the permittee's coverage under a general
beneficial use permit.
(G)
Renewal notice of
intent. Unless otherwise specified in the general beneficial use permit, a
permittee with coverage under a preceding expired or expiring general permit
who seeks coverage under a renewed general beneficial use permit may submit to
the director a notice of intent and associated fees in accordance with the
requirements specified in rule
3745-599-210
of the Administrative Code. The notice of intent shall be submitted not later
than forty-five days after the effective date of the renewed general beneficial
use permit. If a notice of intent is submitted in accordance with this
paragraph, then the applicant shall be deemed to have temporary coverage under
the renewed general beneficial use permit until the director notifies the
permittee in writing that coverage under the renewed general beneficial use
permit has been authorized or denied.
[Comment: If a notice of intent is not
submitted in accordance with paragraph (G) of this rule, coverage under a
general beneficial use permit will expire upon the expiration date that was
specified in the general beneficial use permit.]
[Comment: If coverage under a notice of
intent submitted in accordance with paragraph (G) of this rule is denied, an
applicant may apply for coverage under an alternative general beneficial use
permit or submit an application for an individual beneficial use
permit.]
Effective: 3/31/2017
Five Year
Review (FYR) Dates: 03/31/2022
Promulgated Under:
119.03
Statutory
Authority: 3734.02,
6111.03,
6111.035,
6111.32
Rule
Amplifies: 3734.02,
3734.05,
3734.45,
6111.03,
6111.035,
6111.32
