As used in this chapter and any chapter making
these definitions applicable, terms in this rule are defined as follows:
(A)
(1) "Administrative
change" means an amendment to an authorizing document that does not
constitute a modification or alteration to the facility or permit to install
for the facility. An administrative change is not an action.
(2) "Alteration" means a change to a facility
from the requirements specified in the facility's authorizing document
that is at least equivalent to rule requirements. An alteration is not a
modification.
(3) "Applicant" means any
person who has applied for authorization in accordance with rules adopted under
Chapters 3714. and 3734. of the Revised Code.
(4) "Approved board of health"
means a board of health of a health district placed on the approved list by the
director in accordance with section 3714.09 or 3734.08 of the Revised Code, as
applicable.
(5) "Asbestos-containing waste
materials" has the same meaning as in rule 3745-20-01 of the
Administrative Code.
[Comment: Asbestos-containing waste materials
includes asbestos-containing materials regulated under NESHAP, 40 CFR Part 61,
Subpart M.]
(6) "Assets" means all existing
and all probable future economic benefits obtained or controlled by a
particular person.
(7) "Authorizing document"
means a document issued, approved, or concurred with by the director, Ohio EPA,
an approved board of health, the Ohio environmental review appeals commission,
or a court of competent jurisdiction that describes activities that a person is
either required to do, allowed to do, or prohibited from doing, pursuant to and
in compliance with applicable rules, statutes, and orders. Authorizing document
includes but is not limited to a permit, license, registration, acknowledgment
of registration, plan, alteration, approval to use an alternative material, and
order.
(8) "Authorized maximum daily waste
receipt" or "AMDWR" means the maximum amount of solid waste a
solid waste disposal facility may receive at the gate in any calendar
day.
(B)
(1) "Biomass
fuels" are those fuels from any plant derived organic matter available on
a renewable basis, including dedicated energy crops and trees, agricultural
food and feed crops, agricultural crop wastes and residues, forestry residues
and sawdust, aquatic plants, and refuse derived fuel consisting of waste paper,
cardboard, wood wastes and yard wastes, and animal wastes.
(2) "Board of
health" means the board of health of a city or general health district,
the authority having the duties of a board of health in any city as authorized
by section 3709.05 of the Revised Code, or a representative delegated by the
board of health to act on behalf of the board of health.
(C)
(1) "Commingled yard
waste" means yard waste that has been commingled with other solid wastes.
Commingled yard waste does include containerized source-separated yard waste
including but not limited to yard waste in paper or plastic bags where such
bags are commingled with other solid wastes.
(2) "Composting facility" means
a site, location, tract of land, installation, or building used for composting
of solid waste in accordance with Chapter 3734. of the Revised Code and rules
adopted thereunder. The composting facility includes the area of materials
placement and any leachate management system structures.
(3) "Constituent" means a
compound or element suspended in, dissolved in, mixed in, or comprising of a
liquid, gas, or solid.
(4) "Construct" means to build,
reconstruct, or repair when such activity affects any engineered component of a
facility. Construct does not include routine maintenance
activities.
(5) "Construction and demolition
debris" or "C&DD" has the same meaning as in rule
3745-400-01 of the Administrative Code.
(6) "Construction
and demolition debris co-located processing facility" or "co-located
processing facility" means a processing facility that is located wholly
within the facility boundary of a licensed construction and demolition debris
facility, as that boundary is identified in the effective construction and
demolition debris facility license.
(7) "Construction and demolition
debris facility" means any site, location, tract of land, installation, or
building used for the disposal of construction and demolition
debris.
(8) "Construction and demolition
debris processing facility" or "processing facility" means a
site, location, tract of land, installation, or building that is used or
intended to be used for the purpose of processing, transferring, or recycling
construction and demolition debris that was generated off the premises of the
processing facility. Construction and demolition debris processing facility
does not include a facility that is licensed under section 3734.05 of the
Revised Code as a solid waste transfer facility or a solid waste facility and
does not include a licensed construction and demolition debris facility where
processing of mixed C&DD occurs wholly within the designated unloading
zone.
(9) "Convert" means to alter
the physical or chemical nature or properties.
(D)
(1) "Developed
spring" means any spring that has been modified by the addition of pipes
or a collection basin to facilitate the collection and use of the spring
water.
(2) "Director"
means the director of environmental protection or the director's
authorized representative.
(3) "Disposal"
has the same meaning as in section 3714.01 or 3734.01 of the Revised Code, as
appropriate.
(4) "Disposal
limits" means the horizontal and vertical boundaries within a solid waste
facility where solid waste has been disposed, is being disposed, or will be
disposed within those boundaries.
(E)
(1) "Establish"
or "establishment" of a facility means to dispose of waste or
construct or install any facility components and includes excavation that is
related to the construction of a facility or any components thereof. Establish
or establishment includes conducting such activities at any location not
authorized to dispose of waste. Establish or establishment includes permitting
a pre-existing building for use as a solid waste transfer facility. Establish
or establishment does not include clearing, grubbing, or installing ground
water monitoring wells.
(2) "Execute"
means to complete and sign a document acceptable to the director for the
purpose of establishing a financial assurance instrument.
(3) "Exemption"
means a discretionary action of the director or the approved board of heath, as
applicable, that relieves the applicant from a requirement of Chapter 3714. or
Chapter 3734. of the Revised Code or any rule adopted thereunder.
(F)
(1) "Feedstock"
means a solid waste that will readily decompose during the composting process
including but not limited to yard waste, agricultural waste, animal waste, food
scraps, animal carcasses, raw rendering material, and mixed solid
waste.
(2) "Floodway"
means the portion of the flood plain that conveys the flood flow.
(3) "Food scraps" means
unprocessed and processed vegetables, fruits, grains, dairy products, meats,
and other residuals from food intended for human or animal consumption, and any
compostable containers or compostable serviceware that are commingled with the
food scraps.
(4) "Functionally equivalent,"
means when a practice, method, technique, procedure, design, material, or
component performs the same function and provides the same or improved utility
as is being required through the rule.
(G) "Ground water" means any
water below the surface of the earth in a zone of saturation.
(H)
(1) "Hazardous
waste" means hazardous waste as defined in Chapter 3734. of the Revised
Code and includes waste that is listed specifically as hazardous waste or
exhibits one or more characteristics of hazardous waste as defined in Chapter
3745-51 of the Administrative Code.
(2) "Health
commissioner" means the individual occupying the office created by section
3709.11 or 3709.14 of the Revised Code or the health commissioner's
authorized representative.
(3) "Health
district" means a city or general health district created by or under the
authority of Chapter 3709. of the Revised Code.
(I)
(1) "Incinerator" means any equipment, machine, device,
article, contrivance, structure, or part of a structure used to burn solid
waste or infectious waste to ash.
(2) "Independently audited"
means reviewed by an independent certified public accountant in accordance with
generally accepted accounting standards, or for a publicly-owned facility, an
equivalent comprehensive audit performed by the auditor of the state of Ohio
pursuant to Chapter 117. of the Revised Code.
(3) "Infectious waste" has the
same meaning as in section 3734.01 of the Revised Code.
(4) "Infectious
waste handling area" means any area where infectious wastes are stored,
loaded, unloaded, prepared for treatment, or treated. Infectious waste handling
areas also include areas where vehicles or containers are decontaminated, areas
where transportation of infectious wastes within the facility premises occurs,
and areas where treated infectious wastes are unloaded, stored, and
loaded.
(5) "Infectious waste treatment
facility" or "treatment facility" means a premises used for the
treatment of infectious wastes and includes the following:
(a) A treatment facility that holds a license issued under
division (B) of section 3745.05 of the Revised Code.
(b) A solid waste facility that holds a license issued under
division (A) of section 3734.05 of the Revised Code that includes a license
notation that the facility also treats infectious wastes by the same method,
technique, or process required to obtain a license under division (B) of this
section 3734.05 of the Revised Code.
(c) A premises owned or operated by a large generator of
infectious waste where only infectious waste generated by the large generator
are treated.
(J) [Reserved.]
(K) [Reserved.]
(L)
(1) "Leachate"
means liquid that has come in contact with or been released from solid
waste.
(2) "Liabilities" means probable future sacrifices of
economic benefits arising from present obligations to transfer assets or
provide services to other persons in the future as a result of past
transactions or events.
(3) "Licensing
authority" means the approved board of health or in the absence of an
approved board of health, the director.
(M) [Reserved.]
(N)
(1) "Natural
area" means any of the following:
(a) Areas designated by the director of natural resources as a
state nature preserve, including all lands dedicated under the Ohio natural
areas law, a state wildlife area, or a state wild, scenic, or recreational
river.
(b) Areas designated, owned, and managed by the Ohio history
connection as a nature preserve.
(c) Areas designated by the United States department of the
interior as a national wildlife refuge or a national wild, scenic, or
recreational river.
(d) Areas designated by the United States forest service as
either a special interest area or a research natural area in the Wayne national
forest.
(e) Stream segments designated by Ohio EPA as a state resource
water, a coldwater habitat, or an exceptional warmwater habitat.
(2) "Nuisance"
means anything that is injurious to human health or offensive to the senses;
interferes with the comfortable enjoyment of life or property; and affects a
community, neighborhood, or any considerable number of persons, although the
extent of annoyance or damage inflicted upon individual persons may be
unequal.
(O)
(1) "Occupied
dwelling" means the following, but does not include a dwelling owned or
controlled by the owner or operator of a facility to which the siting criteria
are being applied:
(a) A building used or intended to be used in whole or in part as
a personal residence by the owner, part-time owner, or lessee of the building
or any person authorized by the owner, part-time owner, or lessee to use the
building as a personal residence. For the purposes of this definition,
"owner" means a person with the right to exclusive use, control, or
possess a building.
(b) A place of worship as defined in section 5104.01 of the
Revised Code.
(c) A child day-care center as defined in section 5104.01 of the
Revised Code.
(d) A hospital as defined in section 3727.01 of the Revised
Code.
(e) A nursing home as defined in section 3721.01 of the Revised
Code.
(f) A school.
(g) A restaurant or other eating establishment.
(2) "Occupied
structure" means an enclosed structure where one or more human beings may
be present, but does not include structures that are open to natural free air
circulation such that the explosive gas hazard is minimized.
(3) "Ohio EPA"
means Ohio environmental protection agency.
(4) "One hundred
year floodplain" means any land area which is subject to a one per cent or
greater chance of flooding in any given year from any source.
(5) "Open burning" means one of
the following:
(a) The burning of solid wastes in an open area.
(b) The burning of solid wastes in a type of chamber or vessel
that is not approved or authorized in rules adopted by the director under
section 3734.02 of the Revised Code or, if the solid wastes consist of scrap
tires, in rules adopted by the director under section 3734.73 of the Revised
Code.
(6) "Open dumping" means the
following:
(a) The deposition of solid wastes, other than scrap tires, into
waters of the state, and also means the final deposition of solid wastes on or
into the ground at any place other than a solid waste facility operated in
accordance with Chapter 3734. of the Revised Code and rules adopted
thereunder.
(b) The deposition of solid wastes that consist of scrap tires
into waters of the state, and also means the final deposition of scrap tires on
or into the ground at any place other than a scrap tire collection, storage,
monofill, monocell, or recovery facility licensed under section 3734.81 of the
Revised Code, or at a site or in a manner not specifically identified in
division (C)(2), (C)(3), (C)(4), (C)(5), (C)(7), or (C)(10) of section 3734.85
of the Revised Code, or at any licensed solid waste facility if the deposition
is not in accordance with Chapter 3734. of the Revised Code and rules adopted
thereunder.
(c) The deposition of solid wastes that consist of scrap tires in
buildings, trailers, or other vehicles, unless for fewer than fourteen days at
a scrap tire transporter's registered business location, a licensed scrap
tire facility, or an unregistered scrap tire facility operating in accordance
with Chapter 3734. of the Revised Code and rules adopted
thereunder.
(d) The deposition of untreated or treated infectious wastes into
waters of the state, and also means the final deposition of untreated or
treated infectious wastes on or into the ground at any place other than a
licensed solid waste facility operated in accordance with Chapter 3734. of the
Revised Code and rules adopted thereunder.
(7) "Operator" or
"facility operator" means either of the following:
(a) Any person who has supervisory authority or the authority to
make discretionary decisions concerning the construction, operation,
maintenance, or monitoring of a solid waste facility, infectious waste
treatment facility, or scrap tire transportation business.
(b) The same meaning as in rule 3745-400-01 of the Administrative
Code.
(8) "Owner" means the person
who holds title to the land on which the solid waste facility, construction and
demolition debris facility, construction and demolition debris processing
facility, infectious waste treatment facility, or scrap tire transportation
business is located.
(P)
(1) "Parameter"
means a measurable factor of a liquid, gas, or solid such as temperature, pH,
length, or elevation, and includes constituents of the liquid, gas, or
solid.
(2) "Park"
means any of the following:
(a) A state park established or dedicated under Chapter 1541. of
the Revised Code.
(b) A state park purchase area established under section 1546.06
of the Revised Code.
(c) A unit of the national park system, or any property located
in Ohio that lies within the boundaries of a national park or recreation area,
but that has not been acquired or is not administered by the secretary of the
United States department of the interior, or any candidate area located in Ohio
and identified for potential inclusion in the national park system in the
edition of the "national park system plan" submitted under paragraph
(b) of section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16
U.S.C.A. 1a-5, as current on the date Ohio EPA received the permit to install
application.
(3) "Permitting authority"
means the director or the approved board of heath, as applicable.
(4) "Person" includes the
state, any political subdivision of the state or other state or local body, the
United States and any agency or instrumentality thereof, and any legal entity
or organization defined as a person under section 1.59 of the Revised Code, or
other entity.
(5) "Portable solid
waste container" or "portable container" means a container used
for solid waste transfer that is not part of the permanent structure of a
transport vehicle, can be removed from the transporting vehicle without
compromising the container's or the transporting vehicle's structural
integrity, and can be removed from the transporting vehicle without utilizing
destructive measures. Portable containers include trailers used to store and
transport solid wastes.
(6) "Premises" means either of
the following:
(a) Geographically contiguous property owned by the same
person.
(b) Noncontiguous property that is owned by the same person and
connected by a right-of-way that the person controls and to which the public
does not have access. Two or more pieces of property that are geographically
contiguous and divided by one or more public or private right-of-way are a
single premises.
(7) "Professional engineer"
means an individual authorized to practice the profession of engineering
pursuant to Chapter 4733. of the Revised Code.
(8) "Professional surveyor"
means an individual authorized to practice the profession of surveying pursuant
to Chapter 4733. of the Revised Code.
(9) "Public water supply well"
means any well connected to a public water system as defined by division (A) of
section 6109.01 of the Revised Code.
(Q) [Reserved.]
(R)
(1) "Recycling"
means converting solid waste that would otherwise be disposed and returning the
converted material to commerce as a commodity for use or exchange in an
established and legitimate market. Recycling is not reuse, storage, disposal,
or transfer.
(2) "Registrant" means any person to whom a
registration has been issued.
(3) "Regulatory
floodplain" means an area covered by a one hundred year flood as depicted
on a flood insurance rate map published by the federal emergency management
agency.
(4) "Reuse" means taking a
solid waste that would otherwise be disposed and using it for its original
purpose or a similar purpose, without converting the material. Reuse does not
include using solid waste as fill. Reuse is not recycling, storage, transfer,
or disposal.
(S)
(1) "Scrap
tire" has the same meaning as in section 3734.01 of the Revised
Code.
(2) "Scrap tire
facility" includes but is not limited to a scrap tire collection facility,
scrap tire storage facility, scrap tire recovery facility, scrap tire monofill
facility, and scrap tire monocell facility.
(3) "Scrap tire recovery facility" means any
site, location, tract of land, installation, or building that is used or
intended to be used for the processing of scrap tires for the purpose of
extracting or producing usable products or materials, or energy from the scrap
tires. Methods of processing include controlled combustion processes,
mechanical processes, thermal processes, or chemical processes that uses whole,
split, or shredded scrap tires as a raw material. A scrap tire recovery
facility includes the following:
(a) "Class I scrap
tire recovery facility" means a scrap tire recovery facility with a
permitted daily design input capacity of two hundred tons of scrap tires or
greater.
(b) "Class II scrap
tire recovery facility" means a scrap tire recovery facility with a
registered daily design input capacity of less than two hundred tons of scrap
tires.
(c) "Mobile scrap
tire recovery facility" means a type of scrap tire recovery facility
consisting of portable equipment that is designed by the manufacturer for
regular movement from one site to another and is used for processing tires into
a usable product, and specifically includes any tire cutting, baling, or
shredding equipment. Mobile equipment used to process scrap tires into a usable
product by the owner or operator of a licensed class I or class II scrap tire
recovery facility in Ohio is not required to become a licensed and registered
mobile scrap tire recovery facility. Mobile equipment used to reduce the size
of scrap tires for load consolidation is not considered a mobile scrap tire
recovery facility
(4) "Solid waste" has the same
meaning as in section 3734.01 of the Revised Code.
(5) "Solid waste disposal
facility" means any site, location, tract of land, installation, or
building used for incineration, composting, sanitary landfilling, or other
approved methods of disposal of solid wastes.
(6) "Solid waste energy recovery
facility" means any site, location, tract of land, installation, or
building where mixed solid waste or select solid waste streams, including scrap
tires, is used as or intends to be used a fuel to produce energy, heat, or
steam. A solid waste energy recovery facility includes the waste handling area,
and the energy recovery unit and associated equipment.
(7) "Solid waste facility"
means a site, location, tract of land, installation, or building used for
incineration, composting, sanitary landfilling, or other methods of disposal of
solid wastes or, if the solid wastes consist of scrap tires, for collection,
storage, or processing of the solid wastes; or for the transfer of solid
wastes.
(8) "Solid waste incinerator
facility" means any site, location, tract of land, installation, or
building where incineration of solid waste occurs. A solid waste incinerator
facility includes the waste handling area, and the incinerator and associated
equipment.
(9) "Solid waste landfill"
means an engineered facility where the final deposition of solid waste on or
into the ground is practiced in accordance with Chapter 3745-27, 3745-29 or
3745-30 as appropriate and 3745-37 of the Administrative Code and includes the
units within the limits of waste placement, all ground water monitoring and
control system structures, buildings, explosive gas monitoring, control, and
extraction system structures, surface water run-on and runoff control
structures, sedimentation ponds, liner systems, and leachate management system
structures. The solid waste landfill includes all portions of the facility
described above and those areas within three hundred feet of the limits of
waste placement unless an alternate setback is deemed acceptable by the
director. If the owner or operator has not obtained approval of a permit to
install, which delineates the setback from the limits of waste placement,
submitted in accordance with section 3734.05 of the Revised Code, the solid
waste landfill includes all portions of the facility described above and those
areas within three hundred feet of the limits of waste placement unless the
property line of the facility is less than three hundred feet from the limits
of waste placement, in which case the solid waste landfill includes those areas
within the property line.
(10) "Solid waste management
district" means a county that has established a resolution, or joint
counties that have entered into an agreement, for the purposes of preparing,
adopting, submitting, and implementing a solid waste management plan for the
county or joint counties and for the purposes of providing for, or causing to
be provided for, the safe and sanitary management of solid waste within all of
the incorporated and unincorporated territory of the county or joint counties
and in compliance with Chapters 343. and 3734. of the Revised
Code.
(11) "Solid waste transfer
facility" means any site, location, tract of land, installation, or
building that is used or intended to be used primarily for the purpose of
transferring solid wastes that are generated off the premises of the facility
from vehicles or containers into other vehicles or containers for
transportation to a solid waste disposal facility. The term does not include
the following:
(a) Any facility that consists solely of portable containers that
have an aggregate volume of fifty cubic yards or less, as long as the waste is
not placed on the ground or on the waste handling floor.
(b) Any facility that accepts only source-separated recyclables
or commingled recyclables that are currently recoverable utilizing existing
technology.
(c) Any facility where recycling activities are conducted and
meets the following:
(i) The facility does not
hold a solid waste transfer facility license.
(ii) Recovers for
recycling not less than sixty per cent of the weight of solid waste brought to
the facility each month (as averaged monthly) for not fewer than eight months
in each calendar year.
(iii) Disposes of not
more than forty per cent of the total weight of solid waste brought to the
facility each month (as averaged monthly) for not fewer than eight months in
each calendar year.
(d) A facility identified as any of the following:
(i) A solid waste
disposal facility used for incineration or sanitary landfilling, including
where the acceptance, unloading, processing, loading, and transport of solid
waste for disposal are conducted within the boundary of the solid waste
disposal facility.
(ii) A scrap tire
collection, storage, recovery, monocell, or monofill facility operating in
accordance with Chapter 3734. of the Revised Code and rules adopted
thereunder.
(iii) A construction and
demolition debris facility operating in accordance with Chapter 3714. of the
Revised Code and rules adopted thereunder where the operator has removed
unauthorized solid waste from loads of C&DD for transport and management in
accordance with Chapter 3734. of the Revised Code.
(12) "Source-separated yard
waste" means yard waste that has been separated from other solid waste at
the point of generation or at the point of collection. Source separation
includes but is not limited to such measures as placing yard waste in portable
containers and compartments of portable containers dedicated to yard waste
collection, and in vehicles dedicated to yard waste collection.
(13) "Surface water" means any
water on the surface of the earth.
(T)
(1) "Technologically
enhanced naturally occurring radioactive material" or "TENORM"
has the same meaning as in section 3748.01 of the Revised Code.
(2) "Tire derived
fuel," "TDF," "tire derived chips," "tire
chips" or "TDC" means a uniformly shredded product obtained from
whole tires where the maximum size of ninety-five per cent of the shreds are
less than four inches in any dimension. Tire chips is defined using the ASTM
"Standard Practice for Use of Scrap Tires in Civil Engineering
Applications," (D6270-20), section 3.2.10, and consists of pieces of scrap
tires that have a basic geometrical shape, are between twelve mm (0.5 inch) and
fifty mm (two inch) in size, and have most of the wire removed. TDF and TDC are
not scrap tires once the material has been transported from the scrap tire
recovery facility for use as a fuel or for an authorized beneficial
use.
(U) [Reserved.]
(V) "Variance" means an action
of the director that changes a requirement of a rule adopted under Chapter
3734. of the Revised Code.
(W)
(1) "Water
pollution" means the unpermitted release of sediment from disturbed areas,
solid waste or waste-derived constituents, or leachate to the waters of the
state.
(2) "Waters of the
state" means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, irrigation systems, drainage systems, and all other bodies or
accumulations of water, surface and underground, natural or artificial,
regardless of the depth of the strata in which underground water is located,
that are situated wholly or partly within, or border upon, this state, or are
within its jurisdiction, except those private waters that do not combine or
effect a junction with natural surface or underground waters.
(3) "Water supply
well" includes potable and non-potable water supply wells.
(4) "Wetland"
has the same meaning as in rule 3745-1-02 of the Administrative
Code.
(5) "Working face" means that portion of a solid
waste landfill where solid wastes are unloaded for final
deposition.
(X) [Reserved.]
(Y) "Yard waste" means solid
waste that includes the following:
(1) Leaves.
(2) Grass
clippings.
(3) Brush.
(4) Tree trunks and
stumps.
(5) Prunings from trees
or shrubs.
(6) Any plant materials
from residential trees and edible gardens.
(7) Decorative plant
materials that do not contain plastic, metal, polystyrene, or other
non-compostable material including but not limited to any of the
following:
(a) Pumpkins or gourds.
(b) Hay or straw bales.
(c) Holiday trees.
(d) Discarded or potted flowers.
(e) Wreaths.
(f) Grave blankets.
Yard waste does not include materials from
industrial processing, agricultural processing, or food processing.
(Z) "Zone of saturation" or
"saturated zone" means that part of the earth's crust in which
all voids are filled with water. Zone of saturation or saturated zone does not
include the capillary zone.