Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-599 - Beneficial Use of Wastes
Section 3745-599-350 - Changes to the beneficial use byproduct and the individual beneficial use permit
Universal Citation: OH Admin Code 3745-599-350
Current through all regulations passed and filed through September 16, 2024
(A) Material change in the raw materials or generating process of the beneficial use byproduct.
(1)
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.
(2)
If at any time
the beneficial use byproduct has undergone a material change or does not meet
the requirements of the individual beneficial use 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 cessation.
The permittee may resume beneficial use or distribution of the beneficial use
byproduct only after doing 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 individual
beneficial use permit and this chapter. The characterization shall include
sufficient samples as necessary for a statistical analysis.
(ii)
A statistical
analysis that demonstrates compliance in accordance with the individual
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 individual beneficial use permit and this chapter.
(b)
Submits an application for and obtains an authorization
pursuant to this chapter.
(B) The director may make an administrative change to an individual beneficial use permit. An administrative change to an individual beneficial use permit is an amendment that does not result in a modification. An individual beneficial use permit may be administratively changed to do the following:
(1)
To update
administrative information including the telephone number, address, or contact
person of the permittee, generator, or distributor.
(2)
To correct
typographical errors contained in an individual beneficial use
permit.
(C) Modification of an individual beneficial use permit.
(1)
The
director may modify an individual beneficial use permit in response to changes
in applicable laws, rules, or other factors affecting compliance with the terms
and conditions of the individual beneficial use permit.
(2)
The permittee may
request a modification of an individual beneficial use permit. A request to
modify shall at a minimum contain the following:
(a)
A completed form
prescribed by the director.
(b)
A brief narrative
explanation of the modification being requested.
(c)
The
identification of each specific permit requirements related to the requested
modification.
(d)
The rationale for the modification and an evaluation
demonstrating that the modification conforms to the following:
(i)
Maintains
equivalent protection as specified in the individual beneficial use
permit.
(ii)
Does not affect any requirements in the individual
beneficial use permit that are not part of the modification
request.
(e)
A non-refundable fee of three hundred fifty
dollars.
(3)
The modification shall be effective on the date
specified in the modified individual beneficial use permit issued by the
director.
Effective: 3/31/2017
Five Year
Review (FYR) Dates: 03/31/2022
Promulgated Under:
119.03
Statutory
Authority: 3734.02,
6111.03,
6111.32
Rule
Amplifies: 3734.02,
3734.05,
6111.03,
6111.32
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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