3745-501-10 License applications, application procedures, and remittal of fees after license issuance.

(A) Application.

(1) The applicant for a facility license shall be either the owner of the facility or operator of the facility who has written permission from the land owner to apply for a license.

(2) Applications for facility licenses required by rule 3745-501-05 of the Administrative Code shall be made on forms prescribed by the director and at a minimum shall contain information regarding the applicant, owner, operator, facility contacts, property, and operations; signatures; certifications; and any other information the director may require.

(B) License application and application procedures.

(1) Each application for a solid waste facility license shall be accompanied by a nonrefundable fee in the amount specified in section 3734.05 of the Revised Code. For annual renewal license applications received by a licensing authority between October first and December thirty-first, the applicant shall pay an additional late fee in the amount specified in section 3734.05 of the Revised Code for each whole or partial week the application is submitted beyond September thirtieth, which is the application deadline.

(2) If the licensing authority determines that information in addition to that required by the application form is necessary to determine whether the application satisfies the requirements of Chapter 3734. of the Revised Code and rules adopted thereunder, the applicant shall upon request supply such additional information.

(3) Signature. An application for a license shall be signed in accordance with rule 3745-500-50 of the Administrative Code.

(4) Time frame for application submittal.

(a) A license application shall be submitted to the licensing authority in accordance with the following:

(i) For a facility that has not previously received a license, the applicant shall submit a license application not later than ninety days prior to the proposed date for accepting solid waste.

[Comment: Chapter 3734. of the Revised Code requires an applicant for a solid waste facility permit to install to concurrently submit an initial application for an operating license even though the facility is not yet constructed or operating.]

(ii) For a facility that will continue operations beyond the expiration date of the current license, the applicant shall submit a license application on or before September thirtieth of the year preceding that for which the renewal license is sought.

(b) Any complete solid waste facility renewal license application submitted to the licensing authority between October first and December thirty-first of the current license period shall be considered by the licensing authority if the owner or operator pays the license application fee and the late fees specified in paragraph (B)(1) of this rule.

(c) Any renewal license application not submitted to the licensing authority by December thirty-first of the current license period shall not be considered for approval or denial, and the facility will be subject to all applicable closure requirements.

[Comment: Absent any obligation to cease facility operations, any requirement pursuant to Chapter 3734. of the Revised Code and rules adopted under those chapters, or any administrative or court order, a current licensee who has filed an application for a renewal license within the time and in the manner provided in this rule is not required to discontinue operations in the event that the licensing authority has not taken a final action on the application.]

(C) License fees required after issuance of a license. Not later than thirty days after issuance of a license for a solid waste facility, the owner or operator shall pay a license fee in the amount established by division (A) of section 3734.06 of the Revised Code, as applicable. The license application fee shall be deducted from the license fee amount. Late fees for license applications shall not be deducted from the license fee amount.

Effective: 04/02/2012
R.C. 119.032 review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 3734.02
Rule Amplifies: 3734.02 , 3734.05 , 3734.06