3745-400-04 Authorized, limited, and prohibited construction and demolition debris disposal methods.

(A) Construction and demolition debris shall be disposed of only by the following methods or combination thereof:

(1) Disposal in a licensed construction and demolition debris facility.

(2) Disposal in a solid waste disposal facility, as defined in rule 3745-27-01 of the Administrative Code and licensed in accordance with Chapter 3745-37 of the Administrative Code.

(3) Disposal by means of open burning, as defined in Chapter 3745-19 of the Administrative Code, if permitted as provided therein.

(4) Other methods not prohibited by Chapter 3745-400 of the Administrative Code, provided that such methods are demonstrated to the satisfaction of the licensing authority to be capable of disposing of construction and demolition debris without creating a nuisance or a health hazard, without causing water pollution, and without violating these regulations and any regulation adopted by the director pursuant to Chapters 3704. (air pollution control) and 3734. (solid and hazardous wastes) of the Revised Code.

(B) No person shall conduct or allow illegal disposal of construction and demolition debris, as defined in rule 3745-400-01 of the Administrative Code.

[Comment: Violations under the nuisance provisions of Chapters 3709. and 3767. of the Revised Code can also occur as a result of illegal disposal.]

(C) No exemption issued under Chapter 3714. of the Revised Code or rules adopted thereunder allows the exemption of any person from compliance with any section of the Revised Code other than as specified in section 3714.04 of the Revised Code or any regulation adopted thereunder, or any regulation of any federal agency, or of any department of the state government, including the Ohio department of health, the Ohio department of natural resources and the Ohio environmental protection agency.

Eff 9-30-96; 8-31-02
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 3714.02
Rule amplifies: RC 3714.02
R.C. 119.032 review dates: May 9, 2001; August 31, 2007