3745-37-01 Solid waste facility license or infectious waste treatment facility license or construction and demolition debris facility license required.

(A) No person shall conduct municipal solid waste landfill, industrial solid waste landfill, residual solid waste landfill, compost facility, transfer facility, infectious waste treatment facility, or solid waste incineration facility operations without possessing a separate, valid license for each such operation, as required by Chapter 3734. of the Revised Code and the Administrative Code rules adopted thereunder. Each license shall be obtained from the board of health in the health district in which the facility is located, or by the director, if the director has assumed the licensing function for that health district.

[Comment: Not all compost and infectious waste treatment facilities require licenses to operate. See Chapter 3734. of the Revised Code and Chapter 3745-27 of the Administrative Code for the applicability of specific licensing rules.]

(B) No person shall operate or maintain an infectious waste treatment facility unless such person holds a valid and unexpired license for such facility issued by the board of health of the health district wherein the facility is located, or by the director, if the director has assumed the licensing function pursuant to section 3734.08 of the Revised Code, unless:

(1) The facility is owned or operated by the generator of the wastes and exclusively treats, by methods, techniques, and practices established by rules adopted under division (C)(1) or (C)(3) of section 3734.021 of the Revised Code, wastes that are generated at any premises owned or operated by that generator regardless of whether the wastes are generated on the same premises where the generator's treatment facility is located. Such facilities may accept for treatment infectious waste generated by small quantity generators; or

(2) The facility holds a license issued under section 4717.17 and a permit issued under Chapter 3704. of the Revised Code; or

(3) The facility treats or disposes of dead animals or parts thereof, or the blood of animals, and is subject to any of the following:

(a) Inspection under the "Federal Meat Inspection Act," 81 Stat. 584.21 U.S. C.A. 603, as amended;

(b) Chapter 918. of the Revised Code;

(c) Chapter 953. of the Revised Code.

An infectious waste treatment facility shall hold either an infectious waste treatment facility license or a solid waste facility license in accordance with division (B)(3) of section 3745.05 of the Revised Code, which requires the notation on the license that the facility also treats infectious waste.

(C) No person shall establish, modify, operate or maintain a construction and demolition debris facility without a construction and demolition debris facility license issued by the licensing authority except as otherwise specified in this rule. An application for a construction and demolition debris facility license shall be made in accordance with Chapter 3745-37 of the Administrative Code and shall be submitted as follows:

(1) A person proposing to open a new facility shall submit a license application at least ninety days before proposed operation of the facility; and

(2) The owner or operator of a facility that was in operation or under construction prior to the effective date of this rule shall submit a license application in accordance with rule 3745-37-02 of the Administrative Code not later than six months after the effective date of this rule. The owner or operator may continue to operate the facility until the licensing authority issues a final action on the license application in accordance with Chapter 3745-37 of the Administrative Code and division (C) of section 3714.06 of the Revised Code.

[Comment: If the owner or operator chooses to continue operations prior to obtaining a license but after the effective date of this rule, the owner or operator is required to comply with rule 3745-400-11 of the Administrative Code for operation of the facility.]

[Comment: The six month grace period gives the owner or operator of an existing facility time to plan future facility development with the realization that once an initial license is issued, compliance with all applicable requirements of Chapter 3745-400 of the Administrative Code will be required.]

(D) Chapter 3745-400 of the Administrative Code shall not apply to facilities that ceased acceptance of construction and demolition debris prior to the effective date of this rule.

Eff 7-29-76; 5-1-90; 9-30-96
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.05