3745-37-15 Additional criteria for issuing solid waste facility licenses to scrap tire facilities.

(A) The following criteria for issuing solid waste facility licenses to scrap tire facilities are in addition to those in paragraph (A) of rule 3745-37-03 of the Administrative Code. The board of health or the director, whichever is applicable, shall not issue a solid waste facility license, under section 3734.81 of the Revised Code, to a solid waste facility which is a scrap tire facility unless:

(1) A permit to install, if required by section 3734.71 , 3734.72 , or 3734.73 of the Revised Code or a registration certificate, if required by section 3734.70 , 3734.71 , or 3734.73 of the Revised Code, has been obtained by the applicant; and

(2) Detail plans have been approved by the director, if required by section 3734.75 , 3734.76 , 3734.77 , or 3734.78 of the Revised Code; and

(3) Any additional information, in addition to that required by this rule or rule 3745-37-02 of the Administrative Code, which the licensing authority determines is necessary to determine whether the application satisfies the requirements of Chapters 3745-27 and 3745-37 of the Administrative Code has been submitted. The license applicant shall supply such information as a precondition to further consideration of the license application.

(B) Application for solid waste facility licenses for facilities which are scrap tire facilities shall be made:

(1) At least ninety days prior to the anticipated date for accepting scrap tires at the facility; and

(2) During the month of September, if the licensed facility will continue operations beyond December thirty-first; and

(3) For scrap tire facilities in operation on March 1, 1996, at the same time as submitting an initial permit to install or registration certificate application for a scrap tire facility as required by rule 3745-27-97 of the Administrative Code.

(C) Scrap tire facilities shall pay a non-refundable application fee to the approved health department or the director of one hundred dollars, except that the application fee does not apply to an application for a license for a scrap tire collection or storage facility that is owned or operated by a motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code.

(1) The non-refundable application fee shall be placed in a special fund set up by the local health department in accordance with division (F) of section 3734.82 of the Revised Code; and

(2) This special fund shall be used solely to administer and enforce scrap tire provisions of Chapter 3734. of the Revised Code and the rules adopted under it.

(D) In the case of a scrap tire facility for which a "facility compliance plan" is required to be submitted with the application for a registration certificate or permit to install in rule 3745-27-61 or 3745-27-63 of the Administrative Code, whichever is applicable, the board of health or the director, whichever is applicable, shall not issue the initial solid waste facility license for the scrap tire facility unless the application for the scrap tire facility submits with the application for the initial license an accurate estimate of the number of scrap tires which have been collected or stored at the facility as of March 1, 1996.

(E) In the case of a scrap tire facility for which a "facility compliance plan" is required to be submitted with the application for a registration certificate or permit to install in rule 3745-27-61 or 3745-27-63 of the Administrative Code, whichever is applicable, the board of health or the director, whichever is applicable, shall not issue a solid waste facility license for the scrap tire facility for the license periods commencing on January 1, 1998 through January 1, 2002, unless:

(1) The applicant for the scrap tire facility license submits a revised "facility compliance plan" with the application for the license. The revised "facility compliance plan" shall contain all the information specified in rule 3745-27-61 or 3745-27-63 of the Administrative Code, whichever is applicable, and shall clearly indicate any changes in methods, procedures, and schedule by which the owner or operator will remove and/or store scrap tires at the facility in accordance with time frames and requirements for the scrap tire facility; and

(2) The applicant shall submit a demonstration that the number of scrap tires indicated on the application for the initial license have been or will have been reduced by at least twenty per cent during the current license year or that at least twenty per cent of those tires have been or will have been stored in compliance with the applicable requirements specified in rule 3745-27-61 or 3745-27-63 of the Administrative Code, whichever is applicable.

(3) At the end of the period of time described in the "facility compliance plan", the applicant shall submit a demonstration that the size of the facility does not exceed its registered or permitted maximum size.

(F) For a scrap tire facility that is owned or operated by an existing motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code:

(1) Paragraph (D) of this rule applies to the issuing of a solid waste facility license for the scrap tire facility for the license periods commencing on January 1, 1997 through January 1, 1999, and

(2) Paragraph (E) of this rule applies to the issuing of a solid waste facility license for the scrap tire facility for the license periods commencing on January 1, 2000 through January 1, 2003. The demonstration to be submitted in accordance with paragraph (D)(2) of this rule shall indicate that the number of scrap tires indicated on the application for the initial license have been or will have been reduced by at least twenty-five per cent during the current license year or that at least twenty-five per cent of those tires have been or will have been stored in compliance with the applicable requirements specified in rule 3745-27-61 or 3745-27-63 of the Administrative Code, whichever is applicable.

R.C. Chapter 119.032 review dates: 2/7/2001; 2/7/2006

Rule promulgated under: RC Chapter 119.

Rule amplifies: RC 3734.70 to 3734.73 , 3734.75 to 3734.78 , 3734.81 , 3734.82

Prior effective date: 3-1-96