3745-27-21 Solid waste transfer facility permit to install application.

(A) A permit to install application, as required by section 3734.05 of the Revised Code, shall be submitted to and approved by the director, before the establishment or modification of the solid waste transfer facility is begun, unless the transfer facility accepts exclusively yard wastes for transfer.

(1) The permit to install application shall contain all the information required in paragraphs (B) and (C) of this rule such that the director can determine if the criteria set forth in rules 3745-27-02 and 3745-27-22 of the Administrative Code are satisfied.

(2) The permit to install application shall contain detail engineering plans, specifications, and information that shall be presented in a manner acceptable to the director. Detail shall be sufficient to allow clear understanding for technical review of the permit application, to provide assurance that the facility is designed and will be operated in accordance with Chapters 3745-27 and 3745-37 of the Administrative Code, and to be readily understandable by operating personnel at the facility.

Applications to modify a facility that currently has an approved permit issued pursuant to this rule shall contain new plan drawings to replace those affected by the proposed change, as well as any revised report sections. New narrative added to the report shall appear in capital letters, and narrative to be deleted shall be lined out.

An application, notwithstanding its deficiency, may be considered and acted upon if sufficient information is contained in the detail engineering plans, specifications, and report for the director to determine whether the criteria set forth in rules 3745-27-02 and 3745-27-22 of the Administrative Code are satisfied.

If the director determines that information in addition to that required by paragraphs (B) and (C) of this rule is necessary to determine whether the criteria set forth in rules 3745-27-02 and 3745-27-22 of the Administrative Code are satisfied, the director shall require that the applicant supply such information as a precondition to further consideration of the permit to install application.

(3) The permit to install application, and any revisions to the application, shall be submitted in quadruplicate to the director and a copy sent to the board of health of the health district where the facility is or will be located. Any revisions to the permit application must be pertinent to the director's review of the initial application.

(4) Concurrent to submitting the permit to install application, the applicant shall also submit a disclosure statement to the director and to the attorney general's office as required in rules 109:6-1-01 to 109:6-1-04 of the Administrative Code.

(5) Upon issuance of the permit, the director shall send one copy of the permit to install and approved permit application to the board of health where the facility is or will be located, shall return one copy to the applicant, and shall retain two copies in Ohio EPA's files.

(6) The permit to install shall remain in effect until the director has received, and approved in writing, certification that all required final closure activities have been completed, unless the permit has been revoked or terminated in accordance with rule 3745-27-02 of the Administrative Code.

(B) Plan sheets. The following detail engineering plans, specifications, and information for the solid waste transfer facility shall be shown by means of drawings and narrative descriptions where appropriate. Minimum dimensions of the plan drawings shall be twenty-four inches by thirty-six inches.

(1) The detail engineering plan cover sheet to be numbered sheet 1, shall contain the following information:

(a) The name of the solid waste transfer facility.

(b) The precise geographic location and boundary of the solid waste transfer facility, to be shown on a road map.

(c) The name, address and telephone number of the applicant for the solid waste transfer facility.

(d) The name and address of the owner(s) and operator(s) for the solid waste transfer facility, if different from the applicant.

(e) The name and address of the person who prepared the plans.

(2) Plan drawings, to be numbered consecutively 2A, 2B, 2C, etc., shall show the following items located within the facility boundary and within five hundred feet of the facility boundary. A scale of one inch equals no greater than one hundred feet shall be used.

(a) All plan drawings required by paragraph (B)(2) of this rule shall include the following:

(i) The property lines of all land owned or leased for the solid waste transfer facility as determined by a property survey conducted by a professional skilled in the appropriate discipline(s).

(ii) The facility boundary and waste handling areas.

(iii) All public roads, railroads, and occupied structures.

(iv) Existing topography showing vegetation and surface waters of the state, as defined in rule 3745-1-02 of the Administrative Code, with a contour interval no greater than five feet.

(v) The north arrow.

(b) A summary of the site environs and explanation of how the solid waste transfer facility will meet the criteria for permit approval by the director specified in rules 3745-27-02 and 3745-27-22 of the Administrative Code.

(c) All existing domiciles.

(d) The limits of the regulatory floodplain.

(e) National park or recreation areas, candidate areas for potential inclusion into the national park system, and any state park or established state park purchase areas.

(f) State nature preserves, state wildlife areas, national and state scenic rivers, any national wildlife refuge, special interest areas, research natural areas in the Wayne national forest, and state resource waters, coldwater habitats, and exceptional warmwater habitats as classified in accordance with Chapter 3745-1 of the Administrative Code.

(g) The owner(s) and lessee(s) corresponding to the property shown in paragraph (B)(2)(a)(i) of this rule.

(3) A plan drawing, to be numbered sheet 3, shall show the location of all existing or proposed waste handling areas and the layout of the leachate management system, including at a minimum, drains, piping, storage, and clean-outs. A scale of one inch equals no greater than fifty feet shall be used.

[Comment: "Waste handling area" is defined in rule 3745-27-01 of the Administrative Code.]

(C) Reports. The following information shall be presented in narrative form in a report divided according to paragraphs (C)(1) to (C)(5) of this rule:

(1) A description of how the waste handling area floor will meet the criteria for permit approval by the director specified in rule 3745-27-22 of the Administrative Code.

(2) Any variance or exemption requests from the requirements in rule 3745-27-22 , 3745-27-23 or 3745-27-24 of the Administrative Code.

(3) For informational purposes only, the contingency plan detailing emergency procedures, to address the following:

(a) Discovery of unauthorized wastes.

(b) Fire, explosion, and spills.

(c) Equipment failure.

(d) If all or part of the transfer facility should become unavailable for any reason:

(i) The handling, removal and disposal of solid wastes.

(ii) The written notification of the solid waste management district in which the facility is located, the appropriate Ohio EPA district office, and the local health district.

(iii) The general notification of the service area and customers.

(4) Financial assurance information and the executed final closure financial assurance instrument as specified in rule 3745-27-15 of the Administrative Code.

(5) All applications shall include the following:

(a) Copies of letters of intent with copies of certified mail receipts. These letters of intent shall describe the intended establishment or modification of a solid waste transfer facility, and include a description of property and facility boundaries, and shall be sent via certified mail to the following entities:

(i) The governments of the general purpose political subdivisions where the facility is situated, i.e., county commissioners, legislative authority of a municipal corporation, or the board of township trustees.

(ii) The single or joint county solid waste management district in which the facility is located.

(iii) The owner or lessee of any easement or right of way bordering or within the proposed facility boundaries which may be affected by the proposed solid waste transfer facility.

(iv) The local zoning authority having jurisdiction, if any.

(v) The park system administrator, if any part of the facility is located within or shares the park boundary.

(vi) The conservancy district, if any part of the facility is located within or shares the conservancy district boundary.

(vii) The fire department having responsibility for providing fire control services where the facility is located.

(viii) The division of air pollution control and the division of water pollution control of Ohio EPA, including a written request for information pertaining to any regulatory requirements under Chapter 3704. or Chapter 6111. of the Revised Code.

(b) Letters of acknowledgement from the owners of all parcels of land to be used for the solid waste transfer facility.

(c) A notarized statement that, to the best of the applicant's knowledge, the detail engineering plans, specifications, and information in the permit application are true and accurate.

Eff. 5-31-91; 10-31-93; 1-31-99; 7-1-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 3734.02 , 3734.12
Rule amplifies: RC 3734.02 , 3734.12
R.C. 119.032 review dates: 02/19/2004 and 07/01/2009