Current through all regulations passed and filed through September 16, 2024
(A)
Denial of an individual beneficial use permit. The
director may deny an individual beneficial use permit application or an
application for renewal of an individual beneficial use permit in accordance
with Chapter 119. of the Revised Code, for at a minimum any of the following
reasons:
(1)
The beneficial use of a beneficial use byproduct is proposed
at one or more of 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.
(2)
The beneficial use byproduct is proposed to be
beneficially used in the construction of facilities used to treat, store, or
convey potable water for human or livestock consumption.
(3)
The beneficial
use of a beneficial use byproduct is proposed at any location where the
director determines that the beneficial use may endanger public health, safety,
or the environment, create a nuisance, or cause or contribute to water
pollution or air pollution.
(4)
The application
is deficient or otherwise not in compliance with this chapter.
(5)
The permittee has
not demonstrated compliance with the individual beneficial use permit for which
a renewal application has been submitted.
(6)
The permit for
which an application for renewal has been submitted has been
revoked.
(B)
Revocation of an individual beneficial use permit. The
director may revoke an individual beneficial use permit in accordance with
Chapter 119. of the Revised Code, if at a minimum 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determination to approve the permit was incomplete, incorrect, or is no longer
valid.
(4)
An additional constituent of concern is identified that
has not been evaluated under the individual beneficial use
permit.
(5)
The permittee requests that the director revoke the
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,
6111.32
Rule
Amplifies: 3734.02,
3734.05,
3734.45,
6111.03,
6111.32
