3701-35-05 Disposal of waste.

(A) The licensee shall provide sewage disposal facilities to properly dispose of all sewage generated at the marina. The sewerage system shall be constructed, operated and maintained in accordance with Chapter 6111. of the Revised Code and the applicable standards of the Ohio environmental protection agency. The licensee shall not construct a sewerage system without first obtaining a permit from the director of the Ohio environmental protection agency pursuant to section 6111.44 of the Revised Code.

(B) The licensee shall provide leakproof solid waste containers with effective covers conveniently throughout the marina for storage of solid waste prior to disposal. Containers shall be emptied and cleaned at least once weekly or more frequently if necessary to prevent a nuisance.

(C) The licensee shall provide for the proper storage and disposal of other wastes generated at the marina including, but not limited to, motor oil, antifreeze, and lead-acid batteries in accordance with the applicable standards of the fire authority with jurisdiction and the Ohio environmental protection agency.

(D) The licensee of a marina which provides dockage for watercraft with permanently installed sewage holding tanks shall provide a sewage pump-out facility.

(E) The director may grant a variance from the requirements of paragraph (D) of rule 3701-35-05 of the Administrative Code, if not contrary to the public interest, when the licensor and licensee petition the director for such a variance and demonstrate that a pump-out facility is unnecessary at that marina due to available pump-outs in the immediate area and that installation of a pump-out facility would cause unusual hardship. However, no variance shall be granted which will defeat the spirit and general intent of rules 3701-35-01 to 3701-35-08 of the Administrative Code or otherwise not be in the public interest.

R.C. 119.032 review dates: 07/15/2009 and 07/15/2014

Promulgated Under: 119.03

Statutory Authority: 3733.22

Rule Amplifies: 3733.21, 3733.22, 3733.23, 3733.24, 3733.25, 3733.26, 3733.27, 3733.28, 3733.29, 3733.30

Prior Effective Dates: 4/5/1975, 6/24/94, 1/1/05