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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 3745-550 | Solid Waste Incinerator and Energy Recovery Facilities

 
 
 
Rule
Rule 3745-550-01 | Solid waste incinerator or energy recovery facility - applicability.
 

(A) This chapter is the program chapter for solid waste incinerator facilities and solid waste energy recovery facilities.

(B) This chapter is applicable to any person who establishes or is the owner or operator of a facility.

[Comment: Solid waste incineration or energy recovery is not subject to Chapter 3745-27 of the Administrative Code unless an order or authorizing document specifies otherwise.]

(C) In addition to the rules made applicable by reference in this chapter, the following rules also apply:

(1) Rule 3745-500-35 of the Administrative Code, which pertains to relationships among authorizing documents, rules, and the authority of the director and board of health.

(2) Rule 3745-500-130 of the Administrative Code, which pertains to retention and distribution of authorizing documents.

(3) Rule 3745-500-150 of the Administrative Code, which pertains to altering a solid waste permit to install.

(4) Rule 3745-500-210 of the Administrative Code, which pertains to variances.

(5) Rule 3745-500-220 of the Administrative Code, which pertains to exemptions.

(6) Rule 3745-500-360 of the Administrative Code, which pertains to administrative changes to a solid waste permit to install.

(D) Chapter 3745-502 of the Administrative Code, which pertains to solid waste fees, is applicable to any person who establishes, owns, or operates a facility.

(E) This chapter is not applicable to the following:

(1) An owner or operator of a facility that incinerates exclusively wastes generated on one or more premises owned by the person who owns the facility.

(2) Solid waste disposal by means of open burning, as authorized in accordance with Chapter 3745-19 of the Administrative Code, permitted only as provided therein.

(3) Industrial processes subject to rule 3745-17-11 of the Administrative Code and fuel-burning equipment subject to rule 3745-17-10 of the Administrative Code that utilize biomass fuels or tire derived fuel as a supplemental fuel.

(4) The disposal of animals destroyed as a result of an infectious or contagious disease in accordance with section 941.14 of the Revised Code.

Last updated January 9, 2023 at 8:53 AM

Supplemental Information

Authorized By: 3734.02, 3734.021, 3734.73
Amplifies: 3734.02, 3734.021, 3734.73
Five Year Review Date: 1/8/2028
Rule 3745-550-02 | Definitions.
 

If a term used in this chapter is defined in rule 3745-500-02 of the Administrative Code, the definition of the term used in rule 3745-500-02 of the Administrative Code is applicable to this chapter unless the term is defined in this rule. As used in this chapter:

(A) [Reserved.]

(B) [Reserved.]

(C) [Reserved.]

(D) [Reserved.]

(E) [Reserved.]

(F) "Facility" means a solid waste incinerator facility or solid waste energy recovery facility.

(G) [Reserved.]

(H) [Reserved.]

(I) [Reserved.]

(J) [Reserved.]

(K) [Reserved.]

(L) [Reserved.]

(M) "Modification" means the following:

(1) Any substantial expansion of the waste handling area.

(2) Any substantial change to the location of the waste handling area.

(3) An increase in the capacity of the facility.

(4) Any change in the technique of waste receipt or type of waste received.

(N) [Reserved.]

(O) [Reserved.]

(P) [Reserved.]

(Q) [Reserved.]

(R) [Reserved.]

(S) [Reserved.]

(T) [Reserved.]

(U) [Reserved.]

(V) [Reserved.]

(W) "Waste handling area" means any area of a solid waste incinerator facility or solid waste energy recovery facility where wastes, including ash, are stored, loaded, unloaded, or processed.

Last updated January 9, 2023 at 8:54 AM

Supplemental Information

Authorized By: 3734.02, 3734.021, 3734.73
Amplifies: 3734.02, 3734.021, 3734.73
Five Year Review Date: 1/8/2028
Rule 3745-550-300 | Permit to install.
 

(A) No person shall establish a new facility or modify an existing facility without first obtaining a permit to install for the facility or modification, as appropriate, issued in accordance with this chapter.

(B) An applicant shall submit a permit to install application to the director that contains at a minimum the following:

(1) Plan sheets in accordance with paragraph (D) of this rule and a narrative report in accordance with paragraph (E) of this rule. Detail engineering plans, specifications, and information as specified in this rule shall be sufficiently detailed to allow for technical review of the permit application and to provide assurance that the facility is designed and will be constructed, operated, and closed in accordance with this chapter.

(2) A written statement from each person who holds title to the land on which the facility is or will be located that each titleholder acknowledges that the applicant is submitting a permit to install application and may use the land for the purpose of establishing or operating a facility.

(3) Copies of the letters of intent mailed in accordance with paragraph (F)(5) of this rule.

(4) A certification statement and signature in accordance with rule 3745-500-50 of the Administrative Code.

(C) The applicant shall submit the initial application and any subsequent revisions to the director and board of health where the facility is or will be located. Upon written request from Ohio EPA, the applicant shall submit additional and identically complete copies of the revised application to the director.

(D) Detail engineering plans, specifications, and information for the facility shall be shown on plan sheets by means of drawings and narrative descriptions where appropriate and be signed and sealed by a professional engineer. At a minimum, the detail engineering plans, specifications, and information shall be on plan drawings with minimum dimensions of twenty-four inches by thirty-six inches and include the following:

(1) A cover sheet, numbered sheet 1, that contains the following information:

(a) The name of the facility.

(b) A statement identifying whether the facility is or will be a solid waste incinerator facility or solid waste energy recovery facility.

(c) The precise geographic location and boundary of the facility, shown on a map.

(d) The name, address, and telephone number of both the applicant and the facility operator.

(e) The name and address of each owner of the land to be used for the facility.

(f) The name and address of the person who prepared the plans.

(g) An index of the plan sheets.

(2) Plan sheets, numbered consecutively as sheets 2A, 2B, 2C, etc. that contain information specified in an individual subheading on the same plan drawing. An individual plan drawing may contain information specified in more than one individual subheading. The plan drawings shall show the following items located within the facility boundary and the following items located within five hundred feet of the facility boundary with a scale of one inch equals no greater than one hundred feet, unless another scale is specified:

(a) The property lines of land owned or leased for the facility as determined by a property survey conducted by a professional surveyor as evidenced by the signature and seal of the professional surveyor.

(b) All public roads, railroads, and occupied structures.

(c) Existing topography showing vegetation and surface waters of the state with a contour interval no greater than five feet.

(d) The north arrow.

(e) All existing land uses, zoning classifications, property owners, political subdivisions, and communities.

(f) All existing domiciles.

(g) The limits of the regulatory floodplain.

(h) Parks, state nature preserves, state wildlife areas, national and state scenic rivers, any national wildlife refuge, special interest areas, research natural areas in the Wayne national forest, and state resource waters, coldwater habitats, and exceptional warmwater habitats.

(3) Plan sheets, numbered consecutively as sheets 3A, 3B, 3C, etc. that contain information specified in an individual subheading on the same plan drawing. An individual plan drawing may contain information specified in more than one individual subheading. The plan drawings shall show the following items located within the facility boundary and the following items located within two hundred fifty feet of the facility boundary with a scale of one inch equals no greater than fifty feet, unless another scale is specified:

(a) The location of all existing or proposed waste handling areas, areas designated for recycling activities, maintenance buildings, weighing facilities, storage buildings, and occupied structures.

(b) The location of existing or proposed utilities including water, sewerage and sewage treatment, electricity, gas, and telephone or other utility company easements on or bordering the facility.

(c) The location of all existing and proposed fencing, gates, and natural or other screening on the facility. Contour intervals need not be delineated if such locations are shown on an aerial photograph.

(d) Existing and proposed constructed topography of the facility with contour lines at an interval no greater than five feet.

(4) Plan sheets, numbered consecutively as sheets 4A, 4B, 4C, etc. that contain surface water drainage information and indicate the vertical and horizontal scales used on plan drawings. The plan drawings shall show the following items located within the facility boundary and within five hundred feet of the facility boundary:

(a) The existing direction of flow and points of concentration of all surface waters.

(b) Drainage plans that show the following:

(i) Grades.

(ii) Natural swales and streams and existing or proposed diversion trenches.

(iii) Any special drainage devices to be used for control of surface erosion.

(5) Plan sheets, numbered consecutively as sheets 5A, 5B, 5C, etc. that show the following:

(a) The location of incinerator and energy recovery equipment.

(b) The location of associated equipment including waste processing, waste feed, ash removal, and air pollution control systems.

(c) The location of on-site solid waste handling areas, including areas designated for recycling activities and ash handling areas.

(d) The direction of prevailing winds during each season.

(e) Traffic patterns, including on-site and access roads.

(f) Cross sections of all surfaces and structures on or in which solid wastes will be placed prior to or during handling that describe the methods and materials proposed for construction of each surface and structure and that are drawn at an interval of not less than fifty feet.

(6) For a facility that is proposing to treat infectious waste, in addition to the specifications of paragraphs (D)(1) to (D)(5) of this rule, plan sheets with plan drawings that clearly delineate all infectious waste handling areas and show the following:

(a) The distance between the infectious waste handling area and the property line of the premises where the facility will be located.

(b) All domiciles, schools, jails, and prisons located within one thousand feet of the infectious waste handling area.

(E) Narrative report. The following information shall be presented in narrative form and signed and sealed by a professional engineer:

(1) A summary of the site environs and an explanation of how the facility will meet the criteria for approval specified in rule 3745-550-350 of the Administrative Code.

(2) A discussion of the following:

(a) The equipment to be used in the operation and maintenance of the facility including the following:

(i) The types of vehicles that will be used to deliver, handle, and remove wastes, including ash.

(ii) The performance capabilities, the waste processing rate if applicable, and the principal specifications of each piece of powered equipment to be used for loading, unloading, handling, or processing of wastes, including charging and ash removal.

(iii) The capacity and type of each container to be used to store wastes, including the ash and recycled materials.

(b) The proposed hours of operation.

(3) A discussion of the following operational information:

(a) The AMDWR requested for the facility.

(b) The order of the facility's operations and the methods and processing rates for conducting all activities including but not limited to unloading, loading, sorting, handling, storage, compacting, baling, shredding, and crushing; processing rates and order of operations; charging and operation; ash removal procedures; operational methods used to handle bulky or dusty materials; and any other processing operations.

(c) Traffic patterns at the facility.

(d) Inspection procedures to prevent accepting prohibited wastes and wastes that may present operational problems.

(e) The following control measures:

(i) The collection, containment, removal, and disposal of leachate, and methods to prevent leachate from entering surface or ground waters.

(ii) Methods to prevent precipitation; surface waters; and birds, insects, rodents, and other vectors from reaching wastes on site.

(iii) Measures to control fire, explosion, dust, odor, scavenging, erosion, and blowing litter.

(f) Recycling procedures to be conducted on site, if any.

(4) The following plans:

(a) Ash management plans that comply with applicable state and federal testing, analysis, and management requirements.

(b) A final closure plan that at a minimum meets the requirements for final closure specified in rule 3745-550-700 of the Administrative Code and contains the following information:

(i) A schedule and description of the steps necessary to close the facility in accordance with rule 3745-550-700 of the Administrative Code.

(ii) The name, address, and telephone number of the person to contact regarding the facility during the final closure period.

(5) The following financial assurance information:

(a) The closure cost estimate that includes the cost of removal and disposal of waste, including ash, based on the maximum amount of waste that can be stored in the waste handling area.

(b) The estimated cost of removal and disposal of leachate.

(c) The estimated cost of compliance with the closure requirements in rule 3745-550-700 of the Administrative Code.

(d) For establishment of a facility or a modification pursuant to paragraph (M)(2) of rule 3745-550-02 of the Administrative Code, a draft of the final closure financial assurance instrument to be executed and funded prior to waste acceptance.

(e) Financial assurance information as specified in Chapter 3745-503 of the Administrative Code.

(F) Concurrent to submitting the permit to install application, the applicant shall also do the following:

(1) Submit to the director the nonrefundable application fee as established in Chapter 3734. of the Revised Code.

(2) Apply for a license from the licensing authority.

(3) Submit a disclosure statement to the director and to the attorney general's office as specified in rules 109:6-1-01 to 109:6-1-04 of the Administrative Code.

(4) Submit written notification of intent to site a solid waste incinerator facility or solid waste energy recovery facility to the Ohio EPA division of air pollution control and the Ohio EPA division of surface water and a written request for information pertaining to any regulatory requirements under Chapter 3704. or 6111. of the Revised Code.

(5) Mail letters of intent via certified mail or any other form of mail accompanied by a receipt that describe the intended establishment or modification of a facility and include a description of property and facility boundaries to the following entities:

(a) The governments of the general purpose political subdivisions where the facility is or will be located including but not limited to local health departments, county commissioners, and the legislative authority of a municipal corporation or the board of township trustees.

(b) The single or joint county solid waste management district in which the facility is or will be located.

(c) The owner or lessee of any easement or right of way bordering or within the proposed facility boundaries.

(d) The local zoning authority having jurisdiction.

(e) The local air pollution planning authority having jurisdiction.

(f) The park system administrator, if any part of the facility is or will be located within or shares the park boundary.

(g) The conservancy district, if any part of the facility is or will be located within or shares the conservancy district boundary.

(h) The fire department having responsibility for providing fire control services where the facility is or will be located.

(G) If the director determines that additional information is necessary, the applicant shall supply such information as a precondition to further consideration of the permit to install application.

Last updated April 5, 2024 at 8:09 AM

Supplemental Information

Authorized By: 3734.02, 3734.021, 3734.73
Amplifies: 3734.02, 3734.021, 3734.73
Five Year Review Date: 1/8/2028
Prior Effective Dates: 5/31/1991, 3/1/1996, 7/1/2004, 1/31/2022
Rule 3745-550-350 | Permit to install issuance.
 

(A) Notwithstanding any deficiency, an application for a permit to install may be considered and acted upon if sufficient information is contained in the detail engineering plans, specifications, and reports for the director to determine whether the criteria set forth in this rule are satisfied.

(B) When acting on a permit to install, the director shall follow the appropriate procedures set forth in rule 3745-500-120 of the Administrative Code, Chapter 3745-49 of the Administrative Code, and section 3734.09 of the Revised Code. The director shall not approve any permit to install application for a facility unless the director determines the following:

(1) The owner or operator is capable of operating the facility in compliance with Chapters 3704., 3734., 3745., and 6111. of the Revised Code.

(2) The owner or operator is capable of constructing, operating, and closing the facility in accordance with the terms and conditions of the permit and this chapter.

(3) The facility is not located or proposed to be located in a floodway.

(4) The facility is not located or proposed to be located within two hundred feet of any surface waters of the state.

(5) The owner or operator has demonstrated substantial compliance in accordance with Chapter 3745-501 of the Administrative Code at facilities they own or operate and facilities they previously owned or operated.

(6) The applicant meets the requirements of sections 3734.40 to 3734.47 of the Revised Code and the rules adopted thereunder.

(7) The applicant has executed a financial assurance instrument for closure of the facility that meets the criteria established in Chapter 3745-503 of the Administrative Code.

(8) The facility is not located or proposed to be located within the boundaries of a park in existence on the date Ohio EPA receives the permit to install application, unless the facility is located or proposed to be located within a park and exclusively manages wastes generated within the park.

(9) The facility is not located or proposed to be located within two hundred fifty feet of the following, in existence on the date Ohio EPA receives the permit to install application:

(a) Areas designated by the Ohio department of natural resources as either a state nature preserve, a state wildlife area, or a state scenic river.

(b) Areas designated, owned, or managed by the Ohio historical connection as a nature preserve.

(c) Areas designated by the United States department of the interior as either a national wildlife refuge or a national scenic 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) Surface waters of the state designated by Ohio EPA as either a state resource water, a coldwater habitat, or an exceptional warmwater habitat in accordance with Chapter 3745-1 of the Administrative Code.

(10) The waste handling areas of the facility are not located or proposed to be located within two hundred fifty feet of a domicile in existence on the date Ohio EPA received the permit to install application.

(11) All waste handling at the facility will take place inside buildings or structures, or under other methods of cover deemed acceptable by the director.

(12) The waste handling floor of the facility conforms to the following:

(a) Prevents the infiltration of leachate and is constructed to prevent any unauthorized discharge of leachate from the facility.

(b) Readily allows wet or dry cleanup operations.

(c) Is sloped to direct leachate to collection points of the leachate management system and will not allow ponding of liquids.

(d) Is designed to withstand the forces and weights encountered during normal facility operations.

(e) Is accessible to annual visual inspection for cracks and breaks.

(f) Is constructed with materials and methods that enable repairs to be made.

(13) The leachate control measures are adequate for collection, management, treatment, and disposal of the leachate generated at the facility.

(14) If leachate conveyance and storage structures are used, they are designed in accordance with the following:

(a) Such that they are capable of being monitored as specified by the director.

(b) For storage tanks, with spill containment.

(c) For storage structures, with a capacity sufficient to ensure proper operation of the facility.

(15) For an application for a new facility proposing to have a notation on the license authorizing infectious waste treatment, the siting criteria contained in division (B)(2)(b) of section 3734.021 of the Revised Code have been satisfied.

(C) The permit to install shall remain in effect until the director has received, and concurred with in writing, certification that all required final closure activities have been completed, unless the permit has been revoked in accordance with rule 3745-500-350 of the Administrative Code or terminated in accordance with rule 3745-500-330 of the Administrative Code.

Last updated January 9, 2023 at 8:54 AM

Supplemental Information

Authorized By: 3734.02, 3734.021, 3734.73
Amplifies: 3734.02, 3734.021, 3734.73
Five Year Review Date: 1/8/2028
Prior Effective Dates: 5/31/1991, 7/30/1995, 3/1/1996
Rule 3745-550-600 | Operations.
 

(A) The owner or operator of a facility shall obtain, maintain, and comply with all applicable authorizations required by Chapters 3704., 3734., and 6111. of the Revised Code and the rules adopted thereunder. The owner or operator shall make copies of the approved detail plans, specifications, and information as specified in paragraph (D) of rule 3745-550-300 of the Administrative Code available for inspection by the board of health or the director upon request.

(B) The owner or operator of a facility shall ensure the following:

(1) For a facility that incinerates infectious waste, operations are in compliance with rule 3745-27-32 of the Administrative Code.

(2) Legible and clear instructions for using the facility are posted and maintained at the entrance to the facility and at waste handling areas, including a list of any prohibited materials and telephone numbers of emergency personnel including but not limited to the local fire department, board of health, and the appropriate district office of Ohio EPA.

(3) Equipment necessary for operations is at the facility and is operational.

(4) Solid waste handling is confined to the smallest practical area and is supervised by competent operating personnel who are thoroughly familiar with proper operational procedures and with the authorizing documents.

(5) Leachate is managed and disposed in accordance with Chapters 3734. and 6111. of the Revised Code and the rules adopted thereunder.

(C) The owner or operator shall operate the facility in a manner that ensures the following:

(1) Noise, dust, and odors are controlled so as not to cause a nuisance or a health hazard.

(2) The attraction, breeding, and emergence of insects, birds, rodents, and other vectors are controlled so as not to cause a nuisance or a health hazard and vector control measures are initiated as deemed necessary by the approved board of health or Ohio EPA.

(3) Effective measures are employed to prevent and extinguish the spread of fire.

(4) Effective measures are employed to collect, properly contain, and dispose of scattered litter.

(5) Effective measures are employed to limit access to the facility by non-employees during non-operating hours and at times when operating personnel are not present.

(6) The waste handling areas and access roads within the facility boundary are maintained in such a manner to allow facility operations and access at all times with minimum erosion and ponding of surface water.

(7) The waste handling floor is accessible and is visibly inspected annually for cracks or breaks.

(8) Domestic and farm animals are excluded from the facility, except for animals utilized for security purposes or vector control.

(9) All measures are taken to prevent scavenging and other activities that would interfere with proper operating procedures.

(D) The owner or operator shall incinerate waste as follows:

(1) In accordance with the following timeframes:

(a) As soon as practicable upon receipt at the facility.

(b) For putrescible waste, not later than twenty-four hours after receipt unless an alternative incineration schedule has been approved by the director in the permit to install.

(2) By placing all waste not incinerated within twenty-four hours of receipt in closed containers or in enclosed buildings, structures, or other methods of cover deemed acceptable to the director.

(E) The owner or operator shall, for each day the facility is operating, chronologically and completely record facility operations in a log of operations in accordance with rule 3745-550-615 of the Administrative Code.

(F) The owner or operator shall develop and implement a contingency plan detailing emergency procedures, notifications, equipment, and remediation activities that will be established, maintained, and implemented to address the following:

(1) Discovery of unauthorized wastes and the lawful management, removal, and disposal of those wastes.

(2) Response to explosion and spills and the response and extinguishing of fire.

(3) Equipment failure.

(4) If all or part of the facility should become unavailable for any reason, the handling, removal, and disposal of wastes.

(5) If all or part of the facility should become unavailable for any reason that would affect the facility's ability to accept waste, general notifications to service areas and customers.

[Comment: Implementation of the contingency plan does not relieve the owner or operator from any applicable requirements of this chapter.]

(G) The owner or operator may accept scrap tires at a facility provided the scrap tires are handled in accordance with the facility's authorizing documents and rules adopted under Chapter 3734. of the Revised Code.

(H) The owner or operator shall not accept the following prohibited materials:

(1) Hazardous wastes.

(2) Asbestos or asbestos-containing waste material that is subject to the provisions of NESHAP, 40 CFR Part 61, Subpart M.

(3) Untreated infectious wastes, unless the facility is authorized to treat infectious waste in accordance with Chapter 3734. of the Revised Code and the rules adopted thereunder. This paragraph does not apply to infectious waste disposed in accordance with division (B)(1)(a)(ii) of section 3734.021 of the Revised Code or division (D) of section 3734.02 of the Revised Code.

(4) Explosive materials.

(5) Lead-acid batteries.

(6) Loads of source-separated yard waste, unless the load of source-separated yard waste meets one of the following criteria:

(a) Is the result of storm damage or other natural catastrophe and the owner or operator has received written acknowledgment from the solid waste management district of the need for temporary disposal other than at a composting facility.

(b) Has been rejected by a composting facility and is accompanied by documentation from the composting facility identifying the vehicle, the vehicle's load, the compost facility that rejected the vehicle load, the date of rejection, and the printed and signed name of the authorized personnel rejecting the load.

(c) Consists solely of tree trunks and stumps.

(7) Any other materials prohibited by authorizing documents or applicable state or federal rules or laws.

(I) The owner or operator shall inspect the facility for compliance with this rule each day the facility is in operation and record written results of the inspections, including a discussion of any corrective actions taken in the daily log of operations pursuant to rule 3745-550-615 of the Administrative Code.

(J) The owner or operator of a facility for which a permit to install issued in accordance with Chapter 3734. of the Revised Code is necessary shall also ensure the following:

(1) If at any time the closure cost estimate exceeds five thousand five hundred dollars, financial assurance for closure in accordance with this chapter and Chapter 3745-503 of the Administrative Code is executed, funded, and maintained prior license issuance.

(2) The closure cost estimate is reviewed and adjusted as follows:

(a) Whenever a change in the closure activities increases the cost of closure, prior to adjusting for inflation.

(b) Annually for inflation.

(c) After revising and updating the final closure cost estimate, the new estimates and any relevant calculations are submitted in the annual report in accordance with rule 3745-550-670 of the Administrative Code.

(3) Waste materials are not admitted to any area of the facility until a license has been issued in accordance with Chapter 3745-501 of the Administrative Code.

(4) Storage and handling, including ash storage and handling, and all recycling operations are conducted on floors that readily allow wet or dry cleanup operations, direct leachate to collection points, and do not allow ponding or off-site migration of leachate.

(5) The leachate collection system is maintained to prevent impediments to proper collection of leachate, including blockages and clogging.

[Comment: Some solid waste incinerator facilities and solid waste energy recovery facilities are permitted solely under Chapter 3704. of the Revised Code.]

Last updated January 9, 2023 at 8:55 AM

Supplemental Information

Authorized By: 3734.02, 3734.021, 3734.73
Amplifies: 3734.02, 3734.021, 3734.73
Five Year Review Date: 1/8/2028
Prior Effective Dates: 7/1/2004
Rule 3745-550-615 | Log of operations.
 

(A) The owner or operator shall maintain a chronological and complete log of operations for each day the facility is operating and ensure that the log of operations is completed on a form prescribed by the director that includes at a minimum the following:

(1) The name, location, and contact information for the facility.

(2) The name of the person entering the information into the log of operations.

(3) Information regarding each load, hauler, and vehicle or container, and may include information regarding the generator.

(4) The description and amount of prohibited material refused, accepted, or removed from the facility.

(5) Information regarding any incident of damage to or failure of an engineered component.

(6) Information regarding site weather conditions, observations of nuisance conditions, and any complaints received.

(7) Inspection results.

(8) Any other information the director requests to document compliance with applicable laws.

(B) The owner or operator shall retain completed logs at the facility or at another location acceptable to the licensing authority for not less than five years and make the logs available for inspection by the licensing authority and Ohio EPA during normal operating hours. When requested by the licensing authority or Ohio EPA, the owner or operator shall submit copies of logs or summaries of logs on forms prescribed by the director to the licensing authority or Ohio EPA.

(C) The owner or operator may submit an alternative form to the form prescribed in paragraph (A) of this rule to the appropriate Ohio EPA district office and the approved health department not later than fourteen days prior to the use of the alternative form. The owner or operator may use the alternative form not sooner than fourteen days after the date the appropriate Ohio EPA district office has received the alternative form, unless Ohio EPA has sent written notification to the owner or operator that the alternative form is unacceptable. The owner or operator may return to the form prescribed by the director without notification.

Last updated January 9, 2023 at 8:55 AM

Supplemental Information

Authorized By: 3734.02, 3734.021, 3734.73
Amplifies: 3734.02, 3734.021, 3734.73
Five Year Review Date: 1/8/2028
Rule 3745-550-670 | Annual report.
 

Not later than April first of each year, the owner or operator of a facility shall submit an annual report to the appropriate Ohio EPA district office and the approved board of health that at a minimum includes the following information for the preceding calendar year:

(A) The calendar period the submittal represents.

(B) A summary of the facility's operations including the following:

(1) The name, location, and contact information for the facility.

(2) The county and state of origin of wastes received.

(3) The quantity, in tons or cubic yards, of wastes received.

(4) The quantity and disposal locations of ash.

(5) If applicable, a summary of the descriptions and amounts of prohibited material refused, accepted, or removed from the facility.

(6) A summary of any maintenance performed on the leachate collection system or any other monitoring system installed at the facility.

(7) The most recent closure cost estimate.

(8) Any changes to the facility's closure contact person.

(C) A certified statement and signature in accordance with rule 3745-500-50 of the Administrative Code.

Last updated January 9, 2023 at 8:55 AM

Supplemental Information

Authorized By: 3734.02, 3734.021, 3734.73
Amplifies: 3734.02, 3734.021, 3734.73
Five Year Review Date: 1/8/2028
Rule 3745-550-700 | Closure.
 

(A) The owner or operator of a facility shall perform closure as specified in this rule if any of the following occur:

(1) The facility ceases solid waste acceptance.

(2) A facility license held by the owner or operator of the facility expires and no license renewal has been applied for in the manner prescribed in Chapter 3745-501 of the Administrative Code.

(3) A facility license held by the owner or operator of the facility expires and a license renewal has been applied for and denied as a final action of the licensing authority.

(4) The facility license has been revoked as a final action of the director.

(5) Detail plans, specifications, and information submitted as specified in division (A)(3) of section 3734.05 of the Revised Code are disapproved, and all remedies for such disapproval have either been exhausted or waived by failure to pursue such remedies in a timely manner.

(B) If the owner or operator ceases to accept waste pursuant to paragraph (A)(1) of this rule, the owner or operator shall complete the following:

(1) Not later than ninety days prior to the anticipated date on which solid waste will cease to be accepted, send a notice via certified mail or any other form of mail accompanied by a receipt to the board of health having jurisdiction, the single or joint county solid waste planning district in which the facility is located, and the director identifying the anticipated date on which the facility will cease solid waste acceptance.

(2) Concurrent with the notice submitted in accordance with paragraph (B)(1) of this rule, post a sign that is easily visible from all access roads leading onto the facility stating, in letters not less than three inches high, that the facility will no longer accept solid waste with the anticipated date.

(3) Not later than thirty days prior to the anticipated date on which the facility will cease solid waste acceptance, send a notice via certified mail or any other form of mail accompanied by a receipt to the director detailing any changes to the facility's closure contact person.

(C) Not later than sixty days after the facility has ceased solid waste acceptance, the owner or operator shall do the following:

(1) Remove all waste from the facility.

(2) Post signs, in a manner as to be easily visible at all access points into the facility, stating in letters not less than three inches high that the facility is closed. The owner or operator shall ensure that the signs are maintained in legible condition for not less than six months and read as follows:

"This facility is closed for solid waste activities. Depositing wastes at this facility constitutes open dumping, which is a violation of Chapter 3734. of the Ohio Revised Code."

(3) Thoroughly clean all waste handling areas and equipment as follows:

(a) Implement procedures that substantially reduce or eliminate any remaining constituents or contaminants derived from contact with waste in all containers, equipment, machines, floors, and facility surfaces that will not be removed during cleaning and that were in contact with wastes at any time during the operation of the facility.

(b) Flush the leachate collection system of all materials derived from or that have contacted wastes.

(4) Modify, remove, or seal the leachate collection system to prevent filling or overflow of the leachate conveyance and storage structures or to prevent discharges from the system to waters of the state, unless such discharges are otherwise authorized in accordance with Chapter 6111. of the Revised Code. All leachate remaining on the site shall be removed and disposed.

(5) Bait the facility for rodents and other vectors.

(D) Not later than thirty days after completion of the requirements contained in paragraph (C) of this rule, the owner or operator shall certify to the licensing authority that the facility has been thoroughly cleaned and closed.

(E) The director or the board of health may enter a closed facility at any reasonable time for the purpose of determining compliance with this rule.

Last updated January 9, 2023 at 8:55 AM

Supplemental Information

Authorized By: 3734.02, 3734.021, 3734.73
Amplifies: 3734.02, 3734.021, 3734.73
Five Year Review Date: 1/8/2028
Prior Effective Dates: 3/1/1996, 1/31/2022