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| Rule |
Rule 3745-580-01 | Scrap tire - applicability.
(A) Except as provided in paragraph (D)
of this rule, rules 3745-580-01 to 3745-580-99 of the Administrative Code are
applicable to any person who possesses, generates, stores, transports,
disposes, or beneficially uses scrap tires, and any person who establishes,
owns, or operates a scrap tire facility. (B) In addition to the rules specified in
paragraph (A) of this rule, this chapter is applicable as follows: (1) Rules 3745-580-100 to
3745-580-125 of the Administrative Code are applicable to any person who
transports scrap tires. (2) Rules 3745-580-200 to
3745-580-225 of the Administrative Code are applicable to an owner or operator
of a scrap tire collection facility. (3) Rules 3745-580-300 to
3745-580-325 of the Administrative Code are applicable to an owner or operator
of a scrap tire storage facility. (4) Rules 3745-580-400 to
3745-580-425 of the Administrative Code are applicable to an owner or operator
of a scrap tire recovery facility. (5) Rules 3745-580-500 to
3745-580-525 of the Administrative Code are applicable to an owner or operator
of a mobile scrap tire recovery facility. (6) Rule 3745-580-600 of
the Administrative Code is applicable to an owner or operator of a scrap tire
monocell facility. (7) Rules 3745-580-700 to
3745-580-726 of the Administrative Code are applicable to an owner or operator
of a scrap tire monofill facility. (8) Rules 3745-580-800 to
3745-580-810 of the Administrative Code are applicable to a person authorized
to beneficially use scrap tires. (C) In addition to the multi-program
rules made applicable by reference in this chapter, the following multi-program
rules apply to this chapter: (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. (D) This chapter does not apply to the
storage of one hundred or fewer scrap tires unless they are stored in such a
manner that, in the judgment of the director or the approved board of health,
causes a nuisance, a hazard to public health or safety, or a fire
hazard.
Last updated January 8, 2024 at 1:42 PM
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Rule 3745-580-02 | Scrap tire - definitions.
If a term used in this chapter is defined in rule
3745-500-02 of the Administrative Code, the definition 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) "Administrative change"
means an amendment to an authorizing document, information provided in the
registration application, and supplemental information on record at the agency
that is used to support the issuance of a registration certificate or a
license. The amendment is at a minimum equivalent to the rule requirements, and
does not constitute an alteration or modification. An administrative change is
not an action. (B) "Beneficial use" means to
use a scrap tire in accordance with rule 3745-580-801 or 3745-580-802 of the
Administrative Code. Beneficial use does not apply to products manufactured
from scrap tires and sold to a customer, including tire derived fuel and tire
derived chips used in accordance with applicable rules and laws. (C) "Crumb rubber" means a
product derived from processing scrap tires down to particle dimensions less
than 0.5 inches and where removal of ninety-nine per cent or more of the steel
and fabric from the scrap tires has occurred. (D) "Daily design input capacity
" or "DDIC" means the maximum weight of scrap tires that can be
accepted at a scrap tire recovery facility per day and the maximum weight of
scrap tires that can be processed by a mobile scrap tire recovery facility per
day. (E) [Reserved.] (F) (1) "Final
slope" means the slope of a landfill when it has reached final grade and
includes but is not limited to the composite cap system, the waste, the
composite liner system, and the subsurface. (2) "Fire
break" means the area around individual scrap tire storage piles that is
maintained free of combustible material. (3) "For-hire motor
carrier" means a person engaged in the transportation of goods or
passengers for compensation and regulated under 49 C.F.R. Part 383 and Part
390. (G) [Reserved.] (H) [Reserved.] (I) (1) "Industrial landfill
facility" or "industrial landfill" is a solid waste landfill
where one or any combination of industrial or manufacturing waste as defined in
rule 3745-30-01 of the Administrative Code are exclusively disposed. Nontoxic
fly ash, nontoxic bottom ash, and nontoxic spent foundry sand may also be
disposed at an industrial landfill facility. (2) "Interim slope" means the
slope of a landfill as a result of daily filling or when a phase, cell, or unit
has reached its limits and includes but is not limited to daily cover,
intermediate cover, transitional cover, waste, the composite liner system, and
the subsurface. (3) "Internal slope" means the
slope as excavated or constructed and includes but is not limited to the
leachate collection layer, protective material, select waste, composite liner
system and the subsurface. (J) [Reserved.] (K) [Reserved.] (L) "Limits of waste placement"
means the horizontal and vertical boundaries of a solid waste landfill within
which the owner or operator has been authorized to dispose of solid
waste. (M) (1) "Maximum
horizontal acceleration in lithified earth material" means the maximum
expected horizontal acceleration depicted on a seismic hazard map, with a
ninety per cent or greater probability that the acceleration will not be
exceeded in two hundred fifty years, or the maximum expected horizontal
acceleration based on a site-specific seismic risk assessment. (2) "Modification" means the
following: (a) For a scrap tire collection or storage facility, any
change in the location of or expansion of the scrap tire handling area, scrap
tire storage area, or scrap tire processing area specified in the
facility's authorizing documents. (b) For a scrap tire recovery facility, the
following: (i) An increase in the
amount of scrap tires accepted at the scrap tire recovery facility only when it
triggers an increase in the scrap tire recovery facility's DDIC from a
class II scrap tire recovery facility to a class I scrap tire recovery
facility. (ii) Any change in the
location of or expansion of the scrap tire handling area, scrap tire storage
area, or scrap tire processing area specified in the facility's
authorizing documents. (c) For a scrap tire monocell or monofill facility, the
following: (i) A substantial horizontal or vertical expansion in the
limits of waste placement, including but not limited to those modifications
specified in division (A)(2)(d) of section 3734.05 of the Revised
Code. [Comment: A reduction to the limits of
waste placement or total capacity by itself is generally not considered to be a
modification, unless the reduction also results in other substantial changes to
the facility such that paragraph (M)(2)(b)(iii) of this rule is applicable.]
(ii) Any change which may endanger human health or the
environment, including but not limited to a change to operation, technique of
waste received, type of waste received, or design or construction of the
facility, as determined by the director. (3) "Monocell"
means a discrete volume for solid waste, which is provided isolation from other
solid wastes, where a segregated waste stream is exclusively disposed within
the limits of waste placement of a solid waste landfill. (4) "Monofill"
means a specialized solid waste landfill where a single segregated waste stream
is exclusively disposed. (N) "New tire" means a tire that has never been
installed on a vehicle or trailer, or any tire that is part of a new vehicle or
trailer when the motor vehicle or trailer is manufactured or initially received
in Ohio. New tire does not include any used or retreaded tire. (O) [Reserved.] (P) (1) "Passenger tire
equivalent" or "PTE" means a unit of measurement for converting
various scrap tire sizes and processed scrap tires into a standard weight for
estimating numbers or volumes of scrap tires. Twenty-five pounds of whole or
processed scrap tires equals one passenger tire equivalent. The passenger tire
equivalent is based on the weight for an average size passenger and light truck
tire. (2) "Permittee" means a person
to whom a permit to install has been issued. (3) "Phase" means a discrete
area of a scrap tire monofill facility, which has been designated to facilitate
the systematic construction, operation, and closure of the scrap tire monofill
facility. (4) "Possess,"
"possessing," or "possession" of scrap tires means the
generation, storage, ownership, management, or physical control of scrap
tires. (5) "Processed tire" or
"processed scrap tire" means a scrap tire that has been altered
through a mechanical, chemical, thermal, or controlled combustion process so
that the resulting material is a marketable product or is suitable for storage
or disposal in a scrap tire monocell or monofill facility. Processed tire
includes but is not limited to cut, split, and shredded tires. Baled tires are
only considered processed tires for the purpose of disposal at a scrap tire
monocell or monofill facility. For the purposes of disposal, processed tires
are classified in accordance with the following: (a) Processed tires that are readily identifiable as scrap
tires or pieces of scrap tires by visual inspection are considered scrap
tires. (b) Processed tires that are not readily identifiable as
scrap tires or pieces of scrap tires by visual inspection when disposed are
considered solid waste rather than scrap tires, including but not limited to
crumb rubber. (c) Items manufactured from processed tires and scrap tire
material that is a by-product of a manufacturing process when disposed is
considered solid waste. (Q) [Reserved.] (R) (1) "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. (2) "Rough tire shreds" or
"rough shredded scrap tires" means tire shreds or cut tire pieces
that have any dimension equal to or greater than four inches. (S) (1) "Scrap
tire" is a type of solid waste and means any unwanted or discarded tire,
regardless of size, that has been removed from its original use. Scrap tire
includes all whole scrap tires and pieces of scrap tires that are readily
identifiable as parts of scrap tires by visual inspection. For purposes of this
definition, "unwanted" means the original scrap tire generator,
original owner, or manufacturer of the tire no longer wants to use, or is
unable to use, the tire for its original purpose. Scrap tire does not include
the following: (a) A tire after it has been retreaded or regrooved for
resale or reuse, unless it has been declared defective or has been returned to
the seller or manufacturer for warranty adjustment. (b) A tire that is mounted and installed on a vehicle or
trailer, or carried on the vehicle or trailer as the spare tire. Trucks with
more than four wheels or with different size wheels or tires may carry more
than one spare tire. For purposes of this definition,
"installed" means placing the mounted wheel and tire assembly at any
of the positions on a vehicle or trailer where a wheel and tire assembly was
initially placed on the vehicle or trailer during manufacture, and includes the
position normally used for a spare tire or tires. For purposes of this definition,
"mounted" means placing a tire on a wheel rim so that it can be
installed on a vehicle. A mounted tire may be a scrap tire unless it is also
installed. (c) Tires from non-motorized vehicles such as bicycles, or
tires from small equipment such as lawn mowers or wheelbarrows. [Comment: Tires from non-motorized vehicles
may be recycled, disposed of as scrap tires, or may be disposed of as solid
waste.] (d) At a retreading business, a retreadable casing that has
been inspected and individually labeled or marked as suitable for retreading
and is stored in an enclosed building or in a manner otherwise authorized by
the director. (e) Tire derived fuel (TDF), tire derived chips or tire
chips (TDC) after the TDF or TDC has been transported from the scrap tire
recovery facility for use as a fuel or for beneficial use in accordance with
rule 3745-580-801 or 3745-580-802 of the Administrative Code. (f) Non-pneumatic, hard, pressed tires, such as forklift
tires. [Comment: Non-pneumatic, hard, pressed tires
may be recycled, disposed of as scrap tires, or may be disposed of as solid
waste.] (2) "Scrap tire
collection facility" means a type of facility for scrap tire storage that
meets all of the following: (a) The facility is used for the receipt and storage of
whole scrap tires from the public prior to the transportation of the scrap
tires to one of the locations listed in rule 3745-580-110 of the Administrative
Code. (b) The facility exclusively stores scrap tires in portable
containers. (c) The aggregate storage volume of the portable containers
in which the scrap tires are stored does not exceed five thousand cubic
feet. [Comment: If the facility does not meet the
above definition for a scrap tire collection facility, then the facility may be
a scrap tire storage facility. If the facility includes any equipment for
processing, such as cutting or shredding equipment, the scrap tires to produce
a usable product, then the facility is a scrap tire recovery facility.] (3) "Scrap tire
generator" means the original scrap tire owner and any business that
removes tires from vehicles or accepts scrap tires in the normal course of
business such as tire retail dealers, retreaders, and automotive repair
shops. (4) "Scrap tire
handling area" means an area of a scrap tire facility where scrap tires
are stored, loaded, unloaded, sorted, baled, shredded, prepared for processing,
or processed, and includes that portion of a scrap tire transporter's
business location where scrap tires are unloaded, sorted, and loaded. A scrap
tire handling area does not include vehicle storage or staging areas or
buildings not used for processing or storage of scrap tires. (5) "Scrap tire
monocell facility " means a permitted cell within a solid waste landfill
or industrial landfill facility dedicated exclusively to the environmentally
sound storage or disposal of scrap tires that have been shredded, chipped, or
otherwise mechanically processed. Scrap tire monocell includes facilities that
are established and operated within the limits of waste placement of either of
the following facilities as previously delineated in the applicable authorizing
documents or as proposed in an application for permit to install a new facility
or to expand an existing facility: (a) A solid waste landfill subject to Chapter 3745-27 of
the Administrative Code. (b) An industrial landfill facility subject to Chapter
3745-30 of the Administrative Code provided the scrap tires to be received at
the facility meet the definition of "industrial or manufacturing
wastes" as defined in rule 3745-30-01 of the Administrative Code.
(6) "Scrap tire
monofill facility" means a permitted landfill dedicated exclusively to the
environmentally sound storage or disposal of scrap tires that have been
shredded, chipped, or otherwise mechanically processed. (7) "Scrap tire storage area"
means the authorized area of a premises including but not limited to a scrap
tire collection, storage, or recovery facility where whole or processed scrap
tires are stored. (8) "Scrap tire storage
facility" means a registered or permitted facility where scrap tires are
stored prior to transport to an authorized location listed in paragraph (A) of
rule 3745-580-110 of the Administrative Code and includes the
following: (a) A "class I scrap tire storage facility" means
a scrap tire storage facility that has a permitted capacity of greater than ten
thousand square feet and limited to three acres of scrap tire
storage. (b) A "class II scrap tire storage facility"
means a scrap tire storage facility that has a registered capacity of not
greater than ten thousand square feet of scrap tire storage. [Comment: Division (C) of section 3734.71 of
the Revised Code specifies that the owner or operator of a class I scrap tire
storage facility also be the owner or operator of a licensed scrap tire
monocell, monofill, or recovery facility in Ohio, or a solid waste or scrap
tire monocell, monofill, or recovery facility located in another state and
operating in compliance with the laws of that state.] (9) "Scrap tire storage pile"
means an area where scrap tires are stored either indoors or outdoors on the
floor, on the ground, or in racks, and are separated from other piles by fire
breaks. (10) "Scrap tire submergence
facility" means a type of scrap tire monofill facility where only whole
scrap tires are submerged in water in an engineered structure. (11) "Scrap tire transporter" or
"transporter" means the registrant for a scrap tire transportation
business or anyone in the registrant's employ who signs the scrap tire
shipping papers or operates the registrant's scrap tire transportation
vehicles. (12) "Scrap tire shipping
paper," or "shipping paper" is a form included with all scrap
tire shipments and is completed by each generator, transporter, and recipient
of the scrap tires. (T) (1) "Tire" for
purposes of fee collection has the same meaning as in section 3734.90 of the
Revised Code. "Tire" and "scrap tire" as used in this
chapter means motor vehicle tires and includes all pneumatic
tires. [Comment: The definition of "tire"
found in section 3734.90 of the Revised Code applies only to the collection of
the state fee on the sale of new tires by a wholesaler.] (2) "Tire adjustment
center" means a premises to which defective new tires and tires returned
for warranty adjustment are shipped for analysis of failure and final
disposition. (3) "Tire-derived
cylinder" means a tire that has one or both of its sidewalls removed and
is used to confine aggregate in an application that provides base and subbase
strength to roads and other surfaces that are overlaid with concrete, asphalt,
or gravel. (4) "Tire
manufacturing finishing center" means a premises where tires are
manufactured, inspected, and processed to either finished stock or
scrap. (5) "Tire retreading
business" means premises where scrap tires are recycled by processing the
scrap tire and attaching a new tread to the used tire casing. (6) "Tire
sidewall" means the flat circular part of a tire left after the tread has
been cut away. Tire sidewall does not include a bagel cut tire or any cut tire
where a portion of the tread remains attached to the sidewall. (U) "Used tire" means a whole
scrap tire that may have value in a secondary tire market. A used tire remains
a scrap tire until it has been reused by being installed on a vehicle or
trailer. (V) "Vertical expansion" means
the extension of the vertical boundary of waste placement that occurs prior to
beginning closure activities in accordance with rule 3745-27-11 of the
Administrative Code. A vertical expansion is a modification. A vertical
expansion is not a unit.
Last updated January 8, 2024 at 1:43 PM
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Rule 3745-580-04 | General obligations for any person generating, storing, or in possession of scrap tires.
(A) Unless otherwise excluded by rule
3745-580-105 of the Administrative Code, no person generating, storing, or
possessing scrap tires shall cause or allow more than ten scrap tires to be
transported by any person who is not registered as a scrap tire transporter.
All scrap tire shipments subject to this rule shall be documented on shipping
papers completed in accordance with rule 3745-580-06 of the Administrative
Code. (B) No person shall dispose of scrap
tires by open dumping or open burning. (C) Unless otherwise excluded by rule
3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code, no
person shall store, possess, or process more than one hundred scrap tires
without first obtaining a permit to install or registration certificate as
applicable and a license to operate. Failure to obtain proper authorization
constitutes open dumping. (D) No person generating, storing, or possessing one
hundred or fewer scrap tires shall store the tires in trailers, vehicles, or
buildings, or on the ground in such a manner that causes a nuisance or a hazard
to public health or safety. Management of scrap tires in such a manner
constitutes open dumping. (E) Remediation of a site where more than one hundred scrap
tires have been consumed in a fire shall be conducted in accordance with rule
3745-580-31 of the Administrative Code. (F) Unless otherwise excluded by rule 3745-580-805 of the
Administrative Code, no person generating, storing, or possessing more than one
hundred scrap tires shall use the scrap tires in a beneficial manner unless the
beneficial use is authorized in accordance with rule 3745-580-801 or
3745-580-802 of the Administrative Code. (G) No person owning or operating a junk
yard licensed under Chapter 4737. of the Revised Code or a motor vehicle
salvage dealer licensed under Chapter 4738. of the Revised Code shall allow the
amount of scrap tires placed in a vehicle designated for disposal to exceed the
number of tires designed to be installed on the vehicle during manufacture,
including one spare, tire prior to the vehicle being crushed, shredded,
sheared, or baled.
Last updated January 8, 2024 at 1:43 PM
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Rule 3745-580-05 | Additional requirements for any person generating, storing, or in possession of more than one hundred scrap tires who is not required to be registered or permitted as scrap tire facility.
Any person storing, possessing, or processing more
than one hundred scrap tires that is excluded from the registration or
permitting requirements specified in rule 3745-580-04 of the Administrative
Code shall not store the scrap tires in a manner that causes a nuisance or
hazard to public health or safety. The storage of scrap tires in any amount
outside or inside a trailer, vehicle, or building shall be deemed a nuisance or
a hazard to public health or safety unless the person stores the scrap tires in
accordance with the following: (A) Using one of the following measures to control the
breeding of mosquitoes: (1) Ensuring at all times that scrap
tires are free of water to prevent mosquitoes and mosquito larvae
habitat. (2) Application of a pesticide registered
with the United States environmental protection agency and Ohio department of
agriculture to all scrap tires stored outdoors in accordance with the product
label specifications. Pesticide application records shall be maintained for a
period of three years, made available to the director or board of health during
normal operating hours, and contain at a minimum the following: (a) The name of the pesticide and the United States
environmental protection agency registration number. (b) The date and time of application. (c) The name of the person who applied the
pesticide. (d) The amount of pesticide used per tire or another
measurable quantity listed on the label. (B) In a manner that prevents unauthorized removal from the
premises and in accordance with at a minimum one of the following: (1) In enclosed and locked structures
including buildings and containers. (2) Using fences or other physical
barriers. (3) Using locked cables or
chains. (4) Using security
cameras to monitor outside scrap tire storage areas. (5) Any other method approved in writing
by Ohio EPA.
Last updated January 8, 2024 at 1:44 PM
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Rule 3745-580-06 | Shipping paper system.
(A) Scrap tire shipments shall be
documented on shipping papers completed by each generator or transporter
subject to the registration requirements of rule 3745-580-101 of the
Administrative Code and the recipient of the scrap tires. A copy of the
shipping papers shall accompany each shipment of scrap tires and a copy be
retained by each person in the scrap tire transaction. (B) Shipping papers shall be completed on
forms prescribed by the director and contain at a minimum the
following: (1) The number of scrap
tires being transported, expressed as a quantity, tons, or volume. (2) An estimate of the
percentage of passenger and light truck tires, semi-truck tires, and other
tires in the shipment. (3) The following transporter
information: (a) Name. (b) Company address and telephone number. (c) Registration certificate number. (d) Vehicle and trailer license plate number. (4) The following generator or recipient
information: (a) Name. (b) County and address where the scrap tires were generated
or delivered. (c) Any applicable authorizations including but not limited
to permit numbers, registration numbers, or pre-authorized beneficial use or
beneficial use authorization numbers. (5) A legible signature
by the generator, transporter, and recipient verifying the accuracy of the
information on the form in ink or other form of verification if approved by
Ohio EPA in writing. A signature may be omitted as follows: (a) For a generator, if the transporter does the
following: (i) Records a
representative photograph of the load of scrap tires that includes a date and
time stamp and geolocation data. (ii) Establishes and
maintains a written dispute resolution agreement regarding the accuracy of
information on the form with the generator. (b) For a recipient, as follows: (i) The recipient is an
authorized location specified in paragraph (A)(1) of rule 3745-580-110 of the
Administrative Code. (ii) The transporter
includes a copy of the delivery receipt that identifies the amount of scrap
tires received at the scrap tire facility, in number, weight or volume, with
the shipping papers. [Comment: Ohio EPA has developed a two-part and a
three-part shipping form. The two-part form is designed to be completed by a
scrap tire transporter who collects the scrap tires from a scrap tire
generator, sorts the scrap tires, and delivers the sorted scrap tires to more
than one destination. The three-part form is designed to be completed by a
transporter who takes all of the scrap tires collected to a single end
destination. A three-part form may document the entire movement of scrap tires
by the transporter from a generator to the recipient of the scrap
tires.] (C) A person subject to the shipping
paper requirements contained in this rule may use an alternate shipping paper,
including electronic forms, in lieu of the form prescribed by the director if
the information on the form is equivalent to paragraph (B) of this
rule. (D) Prior to the transport of more than
ten scrap tires, the scrap tire generator or the owner or operator of a scrap
tire facility shall verify that the scrap tire transporter is registered in
accordance with rule 3745-580-101 of the Administrative Code and document that
verification on the shipping papers. (E) Records retention. (1) Unless otherwise
specified by the director, a person subject to the shipping paper requirements
contained in this rule shall retain a copy of all completed shipping papers at
the following locations: (a) For a scrap tire generator, at the location of scrap
tire generation. (b) For a registered scrap tire transporter, at the primary
business location and additional locations identified in the registration
application. For a registered scrap tire transporter that owns or operates a
business operating under an exclusion specified in rule 3745-580-205,
3745-580-305, or 3745-580-405 of the Administrative Code, at the location of
scrap tire generation. (c) For the owner or operator of a licensed or permitted
solid waste facility, at the physical location of the facility. (d) For the owner or operator of a licensed construction
and demolition debris facility or a licensed and permitted construction and
demolition processing facility, at the physical location of the
facility. (2) Completed shipping
papers shall be retained for a minimum of three years starting from the date
the shipping paper was completed and be made available for inspection during
normal business hours by Ohio EPA, the local board of health, or law
enforcement.
Last updated January 8, 2024 at 1:45 PM
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Rule 3745-580-07 | Fire break widths for outside scrap tire storage piles.
(A) Unless excluded by paragraph (B) of this rule or otherwise authorized by the director, a person storing scrap tires is subject to the specifications contained in paragraph (C) of this rule if the person is either of the following: (1) An owner or operator of a licensed, permitted, or registered scrap tire facility. (2) A person who is preauthorized to beneficially use scrap tires in accordance with rule 3745-580-801 of the Administrative Code or authorized to beneficially use scrap tires pursuant to rule 3745-580-802 of the Administrative Code, unless alternate storage was approved by the director. (B) This rule is not applicable to scrap tire storage piles that meet both of the following: (1) Are not greater than five hundred scrap tires. (2) Maintain a minimum separation distance of twenty-five feet from other scrap tire storage piles, buildings, and structures. (C) Scrap tire storage piles subject to this rule shall be maintained with separation distances from other scrap tire storage piles, buildings, and structures as follows: | Tire storage pile height (feet) | | 0 to 8.0 | 8.1 to 10.0 | 10.1 to 12.0 | 12.1 to 14.0 | | Length of pile face along fire break (feet) | Fire break widths (feet) | | 0.00 to 49.9 | 56 | 62 | 67 | 73 | | 50.0 to 99.9 | 75 | 84 | 93 | 100 | | 100.0 to 250.0 | 100 | 116 | 128 | 137 | | Note: This chapter establishes fifty feet as the maximum length and width allowed for piles of whole, baled, or rough shredded tires. | | Note: Rule 3745-580-410 of the Administrative Code establishes one hundred twenty-five feet as the maximum length and fifty feet as the maximum width allowed for piles of tire shreds less than four inches in any dimension for a class II scrap tire recovery facility. | | Note: Rule 3745-580-410 of the Administrative Code establishes two hundred fifty feet as the maximum length and fifty feet as the maximum width allowed for piles of tire shreds less than four inches in any dimension for a class I scrap tire recovery facility. |
Last updated January 8, 2024 at 1:53 PM
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Rule 3745-580-08 | Scrap tire contamination parameters.
The director may require any person storing, generating, or in possession of scrap tires to conduct soil, ground water, or surface water sampling for the parameters specified in this rule or additional parameters not identified in this rule to protect human health, safety, and the environment. [Comment: Parameter numbers forty-one through forty-five only apply to surface water sampling.] | Parameter Number | Parameter | CAS RN | | 1 | Acenaphthene; 1,2-dihydroacenaphthylene | 83-32-9 | | 2 | Acenaphthylene | 208-96-8 | | 3 | Acetone; 2-Propanone | 67-64-1 | | 4 | Anthracene | 120-12-7 | | 5 | Arsenic | 7400-38-2 | | 6 | Benzene | 71-43-2 | | 7 | Benzo[a]anthracene; Benzanthracene | 56-55-3 | | 8 | Benzo[b]flouranthene; Benz[e]acephenanthylene | 205-99-2 | | 9 | Benzoic Acid | 65-85-0 | | 10 | Benzo[a]pyrene | 50-32-8 | | 11 | 1,3-butadiene | 106-99-0 | | 12 | Cadmium | 7440-43-9 | | 13 | Chlorobenzene | 108-90-7 | | 14 | Chromium | 7440-47-3 | | 15 | Chrysene | 218-01-9 | | 16 | Copper | 7440-50-8 | | 17 | Ethylbenzene | 100-41-4 | | 18 | Flouranthene | 206-44-0 | | 19 | Iron | 7439-89-6 | | 20 | Lead | 7439-92-1 | | 21 | Manganese | 7439-96-5 | | 22 | Mercury | 7439-97-6 | | 23 | Methyl ethyl ketone; MEK; 2-Butanone | 78-93-3 | | 24 | 2-methylnaphthalene | 91-57-6 | | 25 | 4-methyl-2-pentanone; Methyl isobutyl ketone | 108-10-1 | | 26 | Methylene chloride; Dichloromethane | 75-09-2 | | 27 | 2-Methylphenol; o-Cresol | 95-48-7 | | 28 | 3- Methylphenol; m-Cresol | 108-39-4 | | 29 | 4-Methylphenol; p-Cresol | 106-44-5 | | 30 | Naphthalene | 91-20-3 | | 31 | Nickel | 7440-02-0 | | 32 | Phenanthrene | 85-01-8 | | 33 | Phenol | 108-95-2 | | 34 | Pyrene | 129-00-0 | | 35 | Selenium | 7782-49-2 | | 36 | Strontium | 7440-24-6 | | 37 | Styrene; Ethenylbenzene | 100-42-5 | | 38 | Toluene; Methylbenzene | 108-88-3 | | 39 | Xylene (Total); Dimethylbenzene | 1330-20-7 | | 40 | Zinc | 7440-66-6 | | 41 | Temperature | | | 42 | pH | | | 43 | Chemical oxygen demand | | | 44 | Total suspended solids | | | 45 | Biological oxygen demand, 5 day | |
Last updated January 8, 2024 at 1:53 PM
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Rule 3745-580-09 | Scrap tire conversion factors.
Unless otherwise authorized by Ohio EPA, any person generating, storing, or in possession of scrap tires shall comply with the conversion factors established in this rule. | General conversions | | 25 lbs | 1 Passenger Tire Equivalent (PTE) |
| Whole scrap tires | | | 1 passenger (car or light truck) tire | 1 PTE | | 1 semi-truck tire | 5 PTE | | 1 bale | 80 PTE | | 1 ton or 2 cubic yards | | 1 ton | 80 PTE | | 16 semi-truck tires | | 1 cubic yard | 8 PTE | | 3 semi-truck tires |
| Rough shreds (shred range equal to or greater than 4 inches in any dimension) | | 1 cubic yard | 23 PTE | | 575 lbs | | 1 ton | 3.5 cubic yards |
| Tire shreds (shred range 2 - 4 inches in any dimension) | | 1 cubic yard | 31 PTE | | 775 lbs | | 1 ton | 2.5 cubic yards |
| Tire derived products (particle range 1/2 - 2 inches) | | 1 cubic yard | 36 PTE | | 900 lbs | | 1 ton | 2.2 cubic yards |
| Tire derived products (particle range 1/2 - 3/4 inches) | | 1 cubic yard | 30 PTE | | 750 lbs | | 1 ton | 80 cf super sack |
| Parts of a scrap tire | | 1 whole tire | 2 sidewalls and 1 tread | | 1 tread | 2 sidewalls | | 50% of the weight of a scrap tire | | 1 sidewall | 25% of the weight of a scrap tire | | 4 passenger scrap tire sidewalls | 1 PTE | | 2 semi-truck tire sidewalls | 2.5 PTE | | 1 semi-truck tread | 2.5 PTE |
[Comment: The conversion factors are designed for use in conversions between scrap tire weight, volume, number, or passenger tire equivalents for whole scrap tires, shredded scrap tires, scrap tire parts, and scrap tire derived products.]
Last updated January 8, 2024 at 1:54 PM
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Rule 3745-580-12 | Disposal exception for certain off-the-road construction and mining equipment tires.
The owner or lessee of a site may dispose of
off-the-road construction and mining equipment scrap tires through burial on
the site if the scrap tires meet the following: (A) Have a minimum bead width of fourteen
inches and a minimum rim or wheel diameter of twenty-four inches. (B) Are limited to only off-the-road
construction and mining equipment scrap tires generated on site by equipment
owned or leased by the person who owns or leases the site. Acceptance or burial
of other scrap tires constitutes open dumping. (C) Are buried in a portion of the site
that is least likely to be disturbed by future construction or
mining.
Last updated January 8, 2024 at 1:54 PM
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Rule 3745-580-20 | Administrative changes, alterations, variances, exemptions, and modifications.
(A) Administrative changes. (1) Permit to
install. (a) The owner or operator of a scrap tire facility may
request an administrative change to a permit to install in accordance with rule
3745-500-360 of the Administrative Code. (b) The director may make an administrative change to a
permit to install in accordance with rule 3745-500-360 of the Administrative
Code. (2) Registration. (a) The owner or operator of a scrap tire facility may
request an administrative change to a registration by submitting a written
request to the Ohio EPA that includes a copy of the information proposed to be
administratively changed with an explanation of the change. (b) The director may make an administrative change to a
registration if the director discovers the need for an administrative
change. (c) Administrative changes to registrations may be made to
address the following: (i) To update or correct
administrative information including but not limited to the telephone number,
address, email address, or name of the facility, the name of the owner or
operator or person to whom the registration has been issued, emergency contact
information, the authorized closure contact, or other facility contact
information. (ii) To correct typographical errors contained in the
registration certificate. (iii) To request additional registration certificates for use
at a registered scrap tire transporter's business. (3) The director may
decline to make a requested administrative change. (B) Alterations. (1) Permit to install.
The owner or operator of a scrap tire facility may request an alteration to a
permit to install in accordance with rule 3745-500-150 of the Administrative
Code. (2) Registration. The
owner or operator may submit an alteration request on forms prescribed by the
director. The following alteration requests from the information submitted in
the latest registration application need concurrence from Ohio
EPA: (a) For a scrap tire facility, the following: (i) Any changes to any information specified on the plan
view drawings and detailed engineering plans. The addition of domiciles,
buildings, structures, or transport infrastructure on adjacent properties not
owned or leased by the facility and new land uses that were allowed after the
issuance of the authorizing document do not trigger an alteration. (ii) Changes to scrap
tire management activities including but not limited to loading, unloading,
handling, storage, shipping, baling, and stages of scrap tire reduction and any
other processing of scrap tires. (iii) Changes to the
specifications of a piece of scrap tire handling and processing
equipment. (iv) Changes to security measures utilized at the
facility. (v) Changes to the daily design input capacity that
increase the amount of scrap tires stored at the facility that do not
constitute a modification. (vi) A reduction in the amount of scrap tires or processed
scrap tires stored in order to reduce the amount of applicable financial
assurance. (vii) Changes to approved measures to direct runoff generated
from the suppression of a fire and residuals from a fire to collection points
and to prevent off-site migration of the runoff. (viii) Changes to the fire contingency plan. (b) For a registered scrap tire transporter, the following
if the request is being made prior to the annual registration
renewal: (i) Authorization to sort or grade scrap
tires. (ii) Changes to the list of temporary storage locations for
scrap tires in an updated registration application. (iii) Authorization to use portable or permanent equipment
for load consolidation. (C) Variances. Any person may apply for a variance from any
provision of this chapter in accordance with rule 3745-500-210 of the
Administrative Code. (D) Exemptions. Any person may apply for an exemption from
any provision of this chapter in accordance with rule 3745-500-220 of the
Administrative Code. (E) Modifications. The owner or operator
of a scrap tire facility may request a modification to a permit to install or
registration by submitting an application for authorization in accordance with
the following: (1) For a scrap tire
collection facility, rule 3745-580-200 of the Administrative Code. (2) For a scrap tire
storage facility, rule 3745-580-300 of the Administrative Code. (3) For a scrap tire
recovery facility, rule 3745-580-400 of the Administrative Code. (4) For a mobile scrap
tire recovery facility, rule 3745-580-500 of the Administrative
Code. (5) For a scrap tire monocell facility,
Chapter 3745-27 or Chapter 3745-30 of the Administrative Code, as
applicable. (6) For a scrap tire monofill facility,
rule 3745-580-700 of the Administrative Code.
Last updated January 8, 2024 at 1:55 PM
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Rule 3745-580-22 | Closure cost estimate, post closure care cost estimate, and financial assurance for scrap tire facilities and scrap tire transporters.
For the purposes of this rule, "owner or
operator" means the owner or operator of a scrap tire transportation
business, the owner or operator of a scrap tire storage facility, the owner or
operator of a scrap tire recovery facility, the owner or operator of a mobile
scrap tire recovery facility, the owner or operator of a scrap tire monocell,
or the owner or operator of a scrap tire monofill. [Comment: Financial assurance information is
submitted as part of a permit to install or registration certificate
application for a new scrap tire facility, a modification that increases the
closure cost estimate of an existing scrap tire facility, a modification that
increases the post-closure care cost estimate of an existing scrap tire
facility, or an alteration to a scrap tire facility that changes the amount of
scrap tires or scrap tire product stored. For a scrap tire transporter,
financial assurance information is executed and funded as part of an initial
registration certificate application.] (A) Exclusions. The owner or operator of
the following scrap tire facilities are excluded from the requirements of this
rule: (1) A scrap tire
collection facility. (2) A scrap tire monocell
facility operating in accordance with rule 3745-580-600 of the Administrative
Code. (B) Closure cost estimate. The owner or operator shall
prepare a closure cost estimate in accordance with the following
criteria: (1) For a scrap tire
storage facility or a scrap tire recovery facility, a written closure cost
estimate identifying the cost for a third party to conduct closure at the point
in the operating life of the facility when the extent and manner of operation
would make closure the most expensive. Ohio EPA may review, approve, or require
revisions to the closure cost estimate or to the closure financial assurance
instrument. Using the conversion factors contained in rule 3745-580-09 of the
Administrative Code, the owner or operator shall calculate the closure cost
estimate in current dollars and as follows: (a) For a class I or class II scrap tire storage facility,
a minimum of one dollar per passenger tire equivalent for the maximum number of
scrap tires authorized to be stored at the facility. (b) For a class I or class II scrap tire recovery facility,
the sum of the following for the maximum number of scrap tires authorized to be
stored at the facility: (i) For whole scrap tires including baled tires and rough
tire shreds, a minimum of one dollar per passenger tire
equivalent. (ii) For processed scrap tires other than baled tires and
rough tire shreds that meet the definition of a scrap tire, the cost for
removal and transportation to a scrap tire monocell or monofill facility and
disposal of the maximum amount of processed tires to be stored at the scrap
tire recovery facility. (iii) For all other processed scrap tires including component
parts, partially assembled and fully assembled products made from scrap tires,
scrap tire by-products, and scrap tire residuals, the cost of removal and
transport from the scrap tire recovery facility to a recycling facility or the
cost of removal, transport, and disposal from the scrap tire recovery facility
to a solid waste disposal facility prior to closure of the scrap tire recovery
facility. (2) For a scrap tire
transporter, equal to the amount specified in section 3734.74 of the Revised
Code. (3) For a mobile scrap
tire recovery facility or mobile scrap tire recovery equipment operated by a
licensed class I or class II scrap tire recovery facility at a site other than
the scrap tire recovery facility's licensed site, equal to fifty thousand
dollars. (4) For a scrap tire
monofill facility, an itemized written closure cost estimate in current dollars
identifying the cost for a third party to conduct closure at the point in the
operating life of the facility when the extent and manner of its operation
would make the closure the most expensive. Ohio EPA may review, approve, or
require revisions to the closure cost estimate or to the closure financial
assurance instrument. (C) Post-closure care cost estimate for a
scrap tire monofill facility. The owner or operator of a scrap tire monofill
facility shall prepare a written post-closure care cost estimate in current
dollars, identifying the cost for a third party to conduct post-closure
care. (D) Closure cost estimate review. The
owner or operator of a scrap tire facility shall review and make appropriate
revisions to the closure cost estimate as follows: (1) For a scrap tire
monofill facility, annually adjust the closure cost estimate by multiplying it
by the preceding February inflation factor derived from the annual implicit
price deflator for gross domestic product as published by the U.S. department
of commerce. (2) For a scrap tire
storage facility and scrap tire recovery facility, annually. (3) As part of the submittal for a permit
to install or a registration application for a modification to an existing
scrap tire facility. (4) Upon concurrence of an alteration to
an existing scrap tire facility. (5) Whenever a change at the facility
increases the cost of closure. The review shall take into consideration changes
to the storage capacity. (E) Post-closure care cost estimate
review. The owner or operator of a scrap tire monofill facility shall review
and make appropriate revisions to the post-closure care cost estimate as
follows: (1) Annually to adjust
the post-closure care cost estimate by multiplying it by the preceding February
inflation factor derived from the annual implicit price deflator for gross
domestic product as published by the U.S. department of commerce. (2) As part of the
submittal for a permit to install for a modification to an existing scrap tire
monofill facility. (3) Whenever a change in
the post-closure care activities increases the cost of post-closure
care. (F) Whenever a revision performed as
specified in paragraph (D) or (E) of this rule results in an increase to the
closure cost estimate or post-closure care cost estimate, the owner or operator
shall ensure the financial assurance instrument is increased in accordance with
rule 3745-503-05 or 3745-503-10 of the Administrative Code, as
applicable. (G) The owner or operator of a scrap tire
storage facility or scrap tire recovery facility may request a reduction in the
financial assurance if the owner or operator reduces the size of the scrap tire
storage areas. (H) The owner or operator shall ensure financial assurance
instruments account for increases in the closure cost estimate and that
sufficient financial assurance is available for closure activities at all times
during the operating life of the scrap tire facility and until the facility is
certified closed. (I) For a scrap tire monofill facility,
the owner or operator shall ensure financial assurance instruments account for
increases in the post-closure care cost estimate and that sufficient financial
assurance is available at all times during the post-closure care period, until
the post-closure care period ends. (J) The director may require revisions to the closure cost
estimate, post-closure care cost estimate, or financial assurance instrument if
the director determines that the cost of closure or post-closure care exceeds
the cost estimate or the amount of the financial assurance
instrument. (K) Paragraph (B)(1) or (B)(4) of this rule is not
applicable to the owner or operator if the closure cost estimate is five
thousand five hundred dollars or less.
Last updated January 8, 2024 at 1:55 PM
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Rule 3745-580-23 | Financial assurance for scrap tire transporter closure.
(A) This rule is applicable to a scrap
tire transportation business that is issued a registration certificate pursuant
to rule 3745-580-103 of the Administrative Code. (B) General requirements. (1) For the purposes of
this rule, "owner or operator" means the owner, operator, registrant,
or person responsible for closure of the scrap tire transportation
business. (2) The owner or operator
shall execute and fund a financial assurance instrument in the amount specified
in section 3734.74 of the Revised Code and that meets the requirements of
paragraph (E) of this rule. (3) The owner or operator
shall maintain financial assurance for closure throughout the operating life of
the scrap tire transportation business and may be released only in accordance
with paragraph (J) of this rule. (C) [Reserved.] (D) [Reserved.] (E) The owner or operator shall select a
closure financial assurance mechanism from the list of mechanisms specified in
paragraphs (F) to (I) of this rule provided the owner or operator satisfies the
criteria for use of that mechanism. The owner or operator of a scrap tire
transportation business that also owns or operates a solid waste facility may
select a closure financial assurance mechanism in accordance with Chapter
3745-27 or Chapter 3745-503 of the Administrative Code, as applicable, for both
the solid waste facility and the scrap tire transportation
business. (F) Closure trust fund. (1) The owner or operator
may satisfy the requirements of this rule by establishing a closure trust fund
that conforms to the requirements of this paragraph, by sending an originally
signed duplicate of the trust agreement to the director prior to issuance of a
registration certificate. The trustee shall be an entity that has the authority
to act as a trustee and which trust operations are regulated and examined by a
federal or state agency. (2) The wording of the
trust agreement shall be identical to the wording specified in paragraph (A)(1)
of rule 3745-580-24 of the Administrative Code on forms prescribed by the
director, and the trust agreement shall be accompanied by a formal
certification of acknowledgment. (3) A closure trust fund
shall be executed and funded in the amount specified in section 3734.74 of the
Revised Code at the time the fund is established. (4) If the value of the
trust fund is less than the the amount specified in section 3734.74 of the
Revised Code at any time, the owner or operator shall, not later than sixty
days after the value of the trust fund is below the amount specified in section
3734.74 of the Revised Code, either deposit a sufficient amount into the trust
fund so that the value is not less than the amount specified in section 3734.74
of the Revised Code, or obtain alternative financial assurance using one of the
mechanisms specified in this rule. (5) The director shall
instruct the trustee to release to the owner or operator such funds as the
director specifies in writing, after receiving one of the following requests
from the owner or operator for a release of funds: (a) A written request to the director for the release of
the amount in excess of the amount specified in section 3734.74 of the Revised
Code. (b) A written request to the director for release of the
amount in the trust fund as a result of such substitution, if the owner or
operator substitutes alternative financial assurance from the list of
mechanisms specified in this rule. (6) Reimbursement for
scrap tire transporter closure. After beginning closure, the owner or operator,
or any other person authorized by the owner, operator, or director to perform
closure, may request reimbursement for closure expenditures by submitting
itemized bills to the director. After receiving itemized bills for closure
activities, the director shall determine whether the closure expenditures are
in accordance with applicable rules, or are otherwise justified, and if so,
will instruct the trustee to make reimbursement in such amounts as the director
specifies in writing. If the director determines that the cost of scrap tire
transporter closure will be greater than the value of the trust fund, the
director may withhold reimbursement of such amounts as deemed prudent until the
director determines, in accordance with paragraph (J) of this rule, that the
owner or operator is no longer required to maintain financial assurance for
scrap tire transporter closure. (7) The director will
agree to termination of the trust fund when one of the following
occurs: (a) The owner or operator substitutes alternative financial
assurance for closure as specified in paragraph (F)(4) of this
rule. (b) The director notifies the owner or operator, in
accordance with paragraph (J) of this rule that the owner or operator is no
longer required by this rule to maintain financial assurance for scrap tire
transporter closure. (G) Surety bond guaranteeing payment into
scrap tire management fund. (1) The owner or operator
may satisfy the requirements of this rule by obtaining a surety bond that
conforms to the requirements of this paragraph and by delivering the originally
signed bond to the director by certified mail or any other form of mail
accompanied by a receipt prior to issuance of the registration certificate and
by submitting a copy of the bond into the operating record, if applicable. The
surety company issuing the bond shall at a minimum be among those listed as
acceptable sureties on federal bonds in the most recent listing of approved
sureties as published by the U.S. department of the treasury. (2) The wording of the
surety bond shall be identical to the wording specified in paragraph (B) of
rule 3745-580-24 of the Administrative Code on forms prescribed by the
director. (3) Under the terms of
the surety bond all payments made thereunder will be deposited by the surety
directly into the scrap tire management fund established by division (G) of
section 3734.82 of the Revised Code and in accordance with instructions from
the director. (4) The bond shall
guarantee that the surety will become liable on the bond obligation unless the
owner or operator provides alternative financial assurance as specified in this
rule, and obtains the director's written approval of the alternative
financial assurance provided, not later than ninety days after both the owner
or operator and the director receive notice of cancellation of the bond from
the surety. (5) Under the terms of
the bond, the surety shall become liable on the bond obligation when the owner
or operator fails to perform as guaranteed by the bond. (6) The penal sum of the
bond shall be in the amount specified in section 3734.74 of the Revised
Code. (7) Under the terms of
the bond, the bond shall remain in force unless the surety sends written notice
of cancellation by certified mail or any other form of mail accompanied by a
receipt to the owner or operator and to the director. Cancellation cannot
occur, however, during the one hundred twenty day period beginning on the first
day that both the owner or operator and the director have received the notice
of cancellation, as evidenced by the return receipts. (8) The owner or operator
may cancel the bond if the director has given prior written consent. The
director will provide such written consent to the surety bond company when one
of the following occurs: (a) The owner or operator substitutes alternative financial
assurance for closure of a scrap tire transporter as specified in this
rule. (b) The director notifies the owner or operator, in
accordance with paragraph (J) of this rule, that the owner or operator is no
longer required to maintain financial assurance for the scrap tire
transporter. (H) Surety bond guaranteeing performance
of scrap tire transporter closure. (1) The owner or operator
may satisfy the requirements of this rule by obtaining a surety bond that
conforms to the requirements of this paragraph and by delivering the originally
signed bond to the director prior to issuance of the registration certificate.
The surety company issuing the bond shall at a minimum be among those listed as
acceptable sureties on federal bonds in the most recent listing of approved
sureties as published by the U.S. department of the treasury. (2) The wording of the
surety bond shall be identical to the wording specified in paragraph (C) of
rule 3745-580-24 of the Administrative Code on forms prescribed by the
director. (3) Under the terms of
the surety bond, all payments made thereunder will be deposited by the surety
directly into the scrap tire management fund established by division (G) of
section 3734.82 of the Revised Code and in accordance with instructions from
the director. (4) The bond shall
guarantee that the surety will become liable on the bond obligation unless the
owner or operator provides alternative financial assurance as specified in this
rule, and obtains the director's written approval of the alternate
financial assurance provided not later than ninety days after both the owner or
operator and the director receive notice of cancellation of the bond from the
surety. (5) Performing
activities. Under the terms of the bond, the surety will become liable on the
bond obligation when the owner or operator fails to perform as guaranteed by
the bond. Following a determination by the director that the owner or operator
has failed to perform closure activities in accordance with applicable rules,
the surety shall perform closure in accordance with applicable rules or deposit
the amount of the penal sum into the scrap tire management fund established by
division (G) of section 3734.82 of the Revised Code. (6) The penal sum of the
bond shall be in the amount specified in section 3734.74 of the Revised
Code. (7) Under the terms of
the bond, the bond shall remain in force unless the surety sends written notice
of cancellation by certified mail or any other form of mail accompanied by a
receipt to the owner or operator and to the director. Cancellation cannot
occur, however, during the one hundred twenty day period beginning on the first
day that both the owner or operator and the director have received the notice
of cancellation as evidenced by the return receipts. (8) The owner or operator
may cancel the bond if the director has given prior written consent. The
director will provide such written consent to the surety bond company when one
of the following occurs: (a) The owner or operator substitutes alternative financial
assurance for closure of a scrap tire transporter as specified in this
rule. (b) The director notifies the owner or operator, in
accordance with paragraph (J) of this rule, that the owner or operator is no
longer required by this rule to maintain financial assurance for scrap tire
transporter closure. (9) The surety shall not
be liable for deficiencies in the completion of scrap tire transporter closure
by the owner or operator after the owner or operator has been notified by the
director, in accordance with this rule, that the owner or operator is no longer
required to maintain financial assurance for scrap tire transporter
closure. (I) Closure letter of
credit. (1) The owner or operator
may satisfy the requirements of this rule by obtaining an irrevocable standby
letter of credit ("letter of credit") that conforms to the
requirements of this paragraph and by having the originally signed letter of
credit delivered to the director by certified mail or any other form of mail
accompanied by a receipt prior to issuance of the registration certificate. The
issuing institution shall be an entity which has the authority to issue letters
of credit and whose letter of credit operations are regulated and examined by a
federal or state agency. (2) The wording of the
letter of credit shall be identical to the wording specified in paragraph (D)
of rule 3745-580-24 of the Administrative Code on forms prescribed by the
director. (3) Under the terms of
the letter of credit, all amounts paid pursuant to a draft by the director
shall be deposited promptly and directly into the scrap tire management fund
established by division (G) of section 3734.82 of the Revised Code and in
accordance with instructions from the director. (4) The letter of credit
shall be accompanied by a letter from the owner or operator referring to the
letter of credit by number, issuing institution, and date, and providing the
following information: the names and addresses of the scrap tire transporter
business and the owner and the operator and the amount of funds assured for
scrap tire transporter closure by the letter of credit. (5) The letter of credit
shall be irrevocable and issued for a period of at least one year. The letter
of credit shall provide that the expiration date will be automatically extended
for a period of at least one year unless, not later than one hundred twenty
days prior to the current expiration date, the issuing institution notifies
both the owner and operator and the director by certified mail or any other
form of mail accompanied by a receipt of a decision not to extend the
expiration date. Under the terms of the letter of credit, the one hundred
twenty day period shall begin on the day when both the owner or operator and
the director have received the notice, as evidenced by the return
receipts. (6) The letter of credit
shall be issued in the amount specified in section 3734.74 of the Revised
Code. (7) Under the terms of
the letter of credit, the director may draw on the letter of credit following a
determination that the owner or operator has failed to do the
following: (a) Perform scrap tire transporter closure in accordance
with applicable rules. (b) Provide alternative financial assurance as specified in
this rule and obtain written approval of such alternative financial assurance
from the director not later than ninety days after the owner and operator and
the director have received notice from the issuing institution that it will not
extend the letter of credit beyond the current expiration date, the director
shall draw on the letter of credit. The director may delay the drawing if the
issuing institution grants an extension of the term of the credit. During the
thirty days of any such extension the director shall draw on the letter of
credit if the owner or operator has failed to provide alternative financial
assurance as specified in this rule and has failed to obtain written approval
of such alternative financial assurance from the director. (8) The director shall
return the original letter of credit to the issuing institution for termination
when either of the following occur: (a) The owner or operator substitutes alternative financial
assurance for scrap tire transporter closure as specified in this
rule. (b) The director notifies the owner or operator, in
accordance with paragraph (J) of this rule, that the owner or operator is no
longer required to maintain financial assurance for scrap tire transporter
closure. (J) Release of the owner or operator from
the requirements of this rule. The director shall notify the owner or operator
in writing that the owner or operator is no longer required by this rule to
maintain financial assurance for scrap tire transporter closure, unless the
director has reason to believe that closure has not been completed in
accordance with applicable rules.
Last updated January 8, 2024 at 2:09 PM
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Rule 3745-580-24 | Wording of financial assurance instruments for a scrap tire transporter.
(A) (1) A trust agreement for
a trust fund as specified in paragraph (F) of rule 3745-580-23 of the
Administrative Code shall be worded as follows on forms prescribed by the
director, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted: "Trust agreement" Trust agreement. The "agreement,"
entered into as of [date] by and between [name of the owner or operator], a
[state] [corporation, partnership, association, proprietorship], the
"grantor," and [name of corporate trustee], ["incorporated in
the state of __________" or "a national bank"], the
"trustee." Whereas, the Ohio Environmental Protection
Agency, ("Ohio EPA"), has established certain rules applicable to the
grantor, requiring that a scrap tire transporter provide assurance that funds
will be available when needed for closure. Whereas, the grantor has elected to establish a
trust to provide all or part of such financial assurance for the facilities
identified herein. Whereas, the grantor, acting through its duly
authorized officers, has selected the trustee to be the trustee under this
agreement, and the trustee is willing to act as trustee, Now, therefore, the grantor and the trustee
agree as follows: Section 1. Definitions. As used in this
agreement: (a) The term "grantor" means the
owner or operator who enters into this agreement and any successors or assigns
of the grantor. (b) The term "trustee" means the
trustee who enters into this agreement and any successor trustee. (c) The term "director" means the
director of environmental protection or a representative delegated by the
director to act on the director's behalf. Section 2. Identification of scrap tire
transporter and closure cost. This agreement pertains to a scrap tire
transporter and the closure cost specified in section 3734.74 of the Revised
Code, identified on attached schedule A [on schedule A, for the scrap tire
transporter list the name, address, and the scrap tire transporter closure cost
for which financial assurance is demonstrated by this agreement]. Section 3. Establishment of fund. The grantor
and the trustee hereby establish a trust fund, the "fund," for the
benefit of the Ohio EPA. The grantor and the trustee intend that no third party
have access to the fund except as herein provided. The fund is established
initially as consisting of the property, which is acceptable to the trustee,
described in schedule B attached hereto. Such property and any other property
subsequently transferred to the trustee is referred to as the fund, together
with all earnings and profits thereon, less any payments or distributions made
by the trustee pursuant to this agreement. The fund will be held by the
trustee, in trust, as hereinafter provided. The trustee shall not be
responsible nor shall it undertake any responsibility for the amount or
adequacy of, nor any duty to collect from the grantor, any payments necessary
to discharge any liabilities of the grantor established by the Ohio EPA. Section 4. Payment for scrap tire transporter
closure. The trustee will make such payments from the fund as the director will
direct, in writing, to provide for the payment of the scrap tire transporter
closure covered by this agreement. The trustee will reimburse the grantor or
other persons as specified by the director from the fund for scrap tire
transporter closure in such amounts as the director will direct, in writing. In
addition, the trustee will refund to the grantor such amounts as the director
specifies in writing. Upon refund, such funds will no longer constitute part of
the fund as defined herein. Section 5. Payments comprising the fund.
Payments made to the trustee for the fund will consist of cash or securities
acceptable to the trustee. Section 6. Trustee management. The trustee will
invest and reinvest the principal and income of the fund and keep the fund
invested as a single fund, without distinction between principal and income, in
accordance with general investment policies and guidelines which the grantor
may communicate in writing to the trustee periodically, subject, however, to
the provisions of this section. In investing, reinvesting, exchanging, selling,
and managing the fund, the trustee will discharge the duties with respect to
the trust fund solely in the interest of the beneficiary and with the care,
skill, prudence, and diligence under the circumstances then prevailing which
persons of prudence, acting in a like capacity and familiar with such matters,
would use in the conduct of an enterprise of a like character and with like
aims; except that: (a) Securities or other obligations of the
grantor, scrap tire transporter, or any of their affiliates as defined in the
Investment Company Act of 1940, as amended, 15 U.S.C. section 80a-2(a), will
not be acquired or held, unless they are securities or other obligations of the
federal or a state government; (b) The trustee is authorized to invest the
fund in time or demand deposits of the trustee, to the extent insured by an
agency of the federal or state government; (c) The trustee is authorized to hold cash
awaiting investment or distribution uninvested for a reasonable time and
without liability for the payment of interest thereon. Section 7. Commingling and investment. The
trustee is expressly authorized in its discretion: (a) To transfer periodically any or all of the
assets of the fund to any common, commingled, or collective trust fund created
by the trustee in which the fund is eligible to participate, subject to all of
the provisions thereof, to be commingled with the assets of other trusts
participating therein; (b) To purchase shares in any investment
company registered under the Investment Company Act of 1940, 15 U.S.C. sections
80a-1 et seq., including one which may be created, managed, underwritten, or to
which investment advice is rendered or the shares of which are sold by the
trustee. The trustee may vote such shares in its discretion. Section 8. Express powers of trustee. Without
in any way limiting the powers and discretion conferred upon the trustee by the
other provisions of this agreement or by law, the trustee is expressly
authorized and empowered: (a) To sell, exchange, convey, transfer, or
otherwise dispose of any property held by it, by public or private sale. No
person dealing with the trustee will be bound to see to the application of the
purchase money or to inquire into the validity or expediency of any such sale
or other disposition; (b) To make, execute, acknowledge, and deliver
any and all documents of transfer and conveyance and any and all other
instruments that may be necessary or appropriate to carry out the powers herein
granted; (c) To register any securities held in the fund
in its own name or in the name of a nominee and to hold any security in bearer
form or in book entry, or to combine certificates representing such securities
with certificates of the same issue held by the trustee in other fiduciary
capacities, or to deposit or arrange for the deposit of such securities in a
qualified central depository even though, when so deposited, such securities
may be merged and held in bulk in the name of the nominee of such depository
with other securities deposited therein by another person, or to deposit or
arrange for the deposit of any securities issued by the United States
government, or any agency or instrumentality thereof, with a Federal Reserve
Bank, but the books and records of the trustee will at all times show that all
such securities are part of the fund; (d) To deposit any cash in the fund in
interest-bearing accounts maintained or savings certificates issued by the
trustee, in its separate corporate capacity, or in any other banking
institution affiliated with the trustee, to the extent insured by an agency of
the federal or state government; (e) To compromise or otherwise adjust all
claims in favor of or against the fund. Section 9. Taxes and expenses. All taxes of any
kind that may be assessed or levied against or in respect of the fund and all
brokerage commissions incurred by the fund will be paid from the fund. All
other expenses, proper charges, and disbursements, incurred by the trustee in
connection with the administration of this trust, including fees for legal
services rendered to the trustee, the compensation of the trustee to the extent
not paid directly by the grantor, and all other proper charges and
disbursements of the trustee will be paid from the fund. Expenses, proper
charges, and disbursements include fees for legal services, rendered to the
trustee and the compensation of the trustee to the extent the grantor fails to
compensate the trustee pursuant to section 12. Section 10. Annual valuation. The trustee will
annually, not later than thirty days prior to the anniversary date of the
establishment of the fund, furnish to the grantor and to the director a
statement confirming the value of the trust. Any securities in the fund will be
valued at market value as of no more than sixty days prior to the anniversary
date of establishment of the fund. The failure of the grantor to object in
writing to the trustee not later than ninety days after the statement has been
furnished to the grantor and the director will constitute a conclusively
binding assent by the grantor, barring the grantor from asserting any claim or
liability against the trustee with respect to matters disclosed in the
statement. Section 11. Advice of counsel. The trustee may
periodically consult with counsel, who may be counsel to the grantor, with
respect to any question arising as to the construction of this agreement or any
action to be taken hereunder. The trustee will be fully protected, to the
extent permitted by law, in acting upon the advice of counsel. Section 12. Trustee compensation. The trustee
will be entitled to reasonable compensation from the grantor for the
trustee's services as agreed upon in writing periodically with the
grantor. Section 13. Successor trustee. The trustee may
resign or the grantor may replace the trustee, but such resignation or
replacement shall not be effective until the grantor has appointed a successor
trustee and this successor accepts the appointment. The successor trustee will
have the same powers and duties as those conferred upon the trustee hereunder.
Upon the successor trustee's acceptance of the appointment, and upon the
director's written approval, the trustee will assign, transfer, and pay
over to the successor trustee the funds and properties then constituting the
fund. If for any reason the grantor cannot or does not act in the event of the
resignation of the trustee, the trustee may apply to a court of competent
jurisdiction for the appointment of a successor trustee or for instructions.
The successor trustee shall specify the date on which it assumes administration
of the trust in a writing sent to the grantor, the director, and the present
trustee by certified mail or any other form of mail accompanied by a receipt
not later than ten days before such change becomes effective. The
director's written approval must be given prior to the ten days notice
provided by the successor trustee. Any expenses incurred by the trustee as a
result of any of the acts contemplated by this section will be paid as provided
in section 9. Section 14. Instructions to the trustee. All
orders, requests, and instructions by the grantor to the trustee will be in
writing, signed by such persons as are designated in the attached Exhibit A or
such other designees as the grantor may designate by amendment to Exhibit A.
The trustee will be fully protected in acting without inquiry in accordance
with the grantor's orders, requests, and instructions. All orders,
requests, and instructions by the director to the trustee will be in writing,
signed by the director, and the trustee will act and will be fully protected in
acting in accordance with such orders, requests, and instructions. The trustee
will have the right to assume, in the absence of written notice to the
contrary, that no event constituting a change or a termination of the authority
of any person to act on behalf of the grantor or the director hereunder has
occurred. The trustee will have no duty to act in the absence of such orders,
requests, and instructions from the grantor or the director except as provided
for herein. Section 16. Amendment of agreement. This
agreement may be amended by an instrument in writing executed by the grantor,
the trustee, and the director, or by the trustee and the director if the
grantor ceases to exist. Section 17. Irrevocability and termination.
Subject to the right of the parties to amend this agreement as provided in
section 16, this trust will be irrevocable and will continue until termination
at the written agreement of the grantor, the trustee, and the director, or by
the trustee and the director if the grantor ceases to exist. Upon termination
of the trust, all remaining trust property, less final trust administration
expenses, will be delivered to the grantor. Section 18. Immunity and indemnification. The
trustee will not incur personal liability of any nature in connection with any
act or omission, made in good faith, in the administration of this trust, or in
carrying out any directions by the grantor or the director issued in accordance
with this agreement. The trustee will be indemnified and saved harmless by the
grantor or from the trust fund, or both, from and against any personal
liability to which the trustee may be subjected by reason of any act or conduct
in its official capacity, including all expenses reasonably incurred in its
defense in the event the grantor fails to provide such defense. Section 19. Choice of law. This agreement will
be administered, construed, and enforced according to the laws of the state of
Ohio. Section 20. Interpretation. As used in this
agreement, words in the singular include the plural and words in the plural
include the singular. The descriptive headings for each section of this
agreement will not affect the interpretation or the legal efficacy of this
agreement. In witness whereof the parties have caused this
agreement to be executed by their respective officers duly authorized and their
corporate seals to be hereunto affixed and attested as of the date first above
written: the parties below certify that the wording of this agreement is
identical to the wording specified in rules adopted under Chapter 3734. of the
Revised Code concerning financial assurance for a scrap tire transporter as
such rules were constituted on the date first above written. [Signature of grantor] [Title] Attest: [Title] [Seal] [Signature of trustee] Attest: [Title] [Seal]" (2) The following is an
example of the certification of acknowledgment, which must accompany the trust
agreement for a trust fund as specified in paragraph (F) of rule 3745-580-23 of
the Administrative Code: "State of_______________ County of________________ On this [date], before me personally came
[owner or operator] to me known, who, being by me duly sworn, did depose and
say that she/he resides at [address], that she/he is [title] of [corporation],
and the corporation described in and which executed the above instrument; that
she/he knows the seal of said corporation; that the seal affixed to such
instrument is such corporate seal; that it was so affixed by order of the board
of directors of said corporation, and that she/he signed her/his name thereto
by like order. [Signature of notary public]" [Comment: As specified in paragraph (F)(2) of
rule 3745-580-23 of the Administrative Code, the trust agreement must be
accompanied by a formal certification of acknowledgment. The previous paragraph
is only an example.] (B) A surety bond guaranteeing payment
into the scrap tire management fund established by division (G) of section
3734.82 of the Revised Code, as specified in paragraph (G) of rule 3745-580-23
of the Administrative Code, must be worded as follows on forms prescribed by
the director, except that instructions in brackets are to be replaced with the
relevant information and the brackets deleted: "Financial guarantee bond Date bond executed:______________ Effective date:______________ Principal: [legal name and business address of
owner or operator] Type of organization: [insert
"individual," "joint venture," "partnership," or
"corporation"] State of incorporation:______________ Surety(ies): [name(s) and business
address(es)] Name, address, and closure amount for the scrap
tire transporter guaranteed by this bond: $______________ Total penal sum of bond: $______________ Surety's bond number:______________ Know all persons by these presents, that we, the
principal and surety(ies) hereto are firmly bound to the Ohio Environmental
Protection Agency ("Ohio EPA"), in the above penal sum for the
payment of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns, jointly and severally; provided that, where the
surety(ies) are corporations acting as co-sureties, we, the sureties, bind
ourselves in such sum "jointly and severally" only for the purpose of
allowing a joint action or actions against any or all of us, and for all other
purposes each surety binds itself, jointly and severally with the principal,
for the payment of such sum only as is set forth opposite the name of such
surety, but if no limit of liability is indicated, the limit of liability shall
be the full amount of the penal sum. Whereas, said principal is required to have an
Ohio EPA scrap tire transporter registration certificate; Whereas, said principal is required to provide
financial assurance for scrap tire transporter closure as a condition of
Chapter 3734. of the Revised Code; Or, if the principal shall provide alternative
financial assurance in accordance with rules adopted under Chapter 3734. of the
Revised Code concerning financial assurance for a scrap tire transporter, and
obtain the director's written approval of such alternative financial
assurance, not later than ninety days after the first day that notice of
cancellation has been received by both the principal and the director from the
surety(ies), then this obligation will be null and void; otherwise it is to
remain in full force and effect. The surety(ies) shall become liable on this bond
obligation only when the principal has failed to fulfill the conditions
described above. Upon notification by the director that the principal has
failed to perform as guaranteed by this bond, the surety(ies) shall place funds
in the amount guaranteed for the scrap tire transporter into the scrap tire
management fund established by division (G) of section 3734.82 of the Revised
Code. The liability of the surety(ies) shall not be
discharged by any payment or succession of payments hereunder, unless and until
such payment or payments shall amount in the aggregate to the penal sum of the
bond, but in no event shall the obligation of the surety(ies) hereunder exceed
the amount of said penal sum. The surety(ies) may cancel the bond by sending
notice of cancellation by certified mail or any other form of mail accompanied
by a receipt to the principal and to the director, provided, however, that
cancellation shall not occur during the one hundred twenty day period beginning
on the first day of receipt of the notice of cancellation by both the principal
and the director as evidenced by the return receipt(s). The principal may terminate this bond by sending
written notice to the surety(ies) and to the director, provided, however, that
no such notice shall become effective until the surety(ies) receive(s) written
authorization for termination of the bond by the director. In witness whereof, the principal and surety(ies)
have executed this financial guarantee bond and have affixed their seals on the
date set forth above. The persons whose signatures appear below hereby
certify that they are authorized to execute this surety bond on behalf of the
principal and surety(ies) and that the wording of this surety bond is identical
to the wording specified in rules adopted under Chapter 3734. of the Revised
Code concerning financial assurance for a scrap tire transporter as such rules
were constituted on the date this bond was executed. Principal Signature(s):______________ Name(s) and title(s) [typed]:___________ Corporate seal: Corporate surety(ies) Name and address:______________ State of incorporation:______________ Liability limit: $______________ Signature(s):______________ Name(s) and title(s) [typed]:_________ Corporate seal: [For every co-surety, provide signature(s),
corporate seal, and other information in the same manner as for surety
above.] Bond premium: $______________" (C) A surety bond guaranteeing
performance of scrap tire transporter closure, as specified in paragraph (H) of
rule 3745-580-23 of the Administrative Code, must be worded as follows on forms
prescribed by the director, except that instructions in brackets are to be
replaced by the relevant information and the brackets deleted: "Performance bond Date bond executed:______________ Effective date:______________ Principal: [legal name and business address of
owner or operator] Type of organization: [insert
"individual," "joint venture," "partnership," or
"corporation"] State of incorporation:______________ Surety(ies): [name(s) and business
address(es)] Name, address, and scrap tire transporter closure
amount for the scrap tire transporter guaranteed by this bond:
$______________ Total penal sum of bond: $______________ Surety's bond number:______________ Know all persons by these presents, that we, the
principal and surety(ies) hereto are firmly bound to the Ohio Environmental
Protection Agency ("Ohio EPA"), in the above penal sum for the
payment of which we bind ourselves, our heirs, executors, administrators,
successors, and assigns jointly and severally; provided that, where the
surety(ies) are corporations acting as co-sureties, we, the sureties, bind
ourselves in such sum "jointly and severally" only for the purpose of
allowing a joint action or actions against any or all of us, and for all other
purposes each surety binds itself, jointly and severally with the principal,
for the payment of such sum only as is set forth opposite the name of such
surety, but if no limit of liability is indicated, the limit of liability shall
be the full amount of the penal sum. Whereas, said principal is required to have an
Ohio EPA registration certificate in order to operate the scrap tire
transporter identified above, and Whereas said principal is required to provide
financial assurance for closure as a condition of registration issuance and
applicable rules, Now, for a scrap tire transporter, if the
principal shall faithfully perform the activities specified in rules adopted
under Chapter 3734. of the Revised Code for which this bond guarantees,
pursuant to all applicable laws, statutes, rules, and regulations, as such
laws, statutes, rules, and regulations may be amended. Or, if the principal shall provide alternative
financial assurance as specified in rules adopted under Chapter 3734. of the
Revised Code and obtain the director's written approval of such
alternative financial assurance not later than ninety days after the date
notice of cancellation is received by both the principal and the director from
surety(ies), then this obligation will be null and void, otherwise it is to
remain in full force and effect. The surety(ies) shall become liable on this bond
obligation only when the principal has failed to fulfill the conditions
described above. Upon notification by the director that the
principal has failed to remove accumulations of scrap tires, delivered by the
scrap tire transporter to a location not authorized to receive scrap tires by
rules adopted under Chapter 3734. of the Revised Code, or failed to remove and
properly dispose of any scrap tires which have been open dumped by the scrap
tire transporter, or has been found to be in violation of rules adopted under
Chapter 3734. of the Revised Code, the surety(ies) shall either perform the
required activities in accordance with applicable rules or place the amount
guaranteed for the scrap tire transporter into the scrap tire management fund
as established by division (G) of section 3734.82 of the Revised Code. Upon notification by the director that the
principal has failed to provide alternative financial assurance as specified in
rules adopted under Chapter 3734. of the Revised Code concerning financial
assurance for a scrap tire transporter and obtain written approval of such
alternative financial assurance from the director not later than ninety days
after receipt by both the principal and the director of a notice of
cancellation of the bond, the surety(ies) shall place funds in the amount
guaranteed for the scrap tire transporter into the scrap tire management fund
established by division (G) of section 3734.82 of the Revised Code. The surety(ies) hereby waive(s) notification of
amendments to applicable laws, statutes, rules, and regulations and agrees that
no such amendment shall in any way alleviate its (their) obligation on this
bond. The liability of the surety(ies) shall not be
discharged by any payment or succession of payments hereunder, unless and until
such payment or payments shall amount in the aggregate to the penal sum of the
bond, but in no event shall the obligation of the surety(ies) hereunder exceed
the amount of said penal sum. The surety(ies) may cancel the bond by sending
notice of cancellation by certified mail or any other form of mail accompanied
by a receipt to the owner or operator and to the director, provided, however,
that cancellation cannot occur during the one hundred twenty day period
beginning on the first day of receipt of the notice of cancellation by both the
principal and the director as evidenced by the return receipts. The principal may terminate this bond by sending
written notice to the surety(ies) and to the director, provided, however, that
no such notice shall become effective until the surety(ies) receive(s) written
approval for termination of the bond by the director. In witness whereof, the principal and surety(ies)
have executed this performance bond and have affixed their seals on the date
set forth above. The persons whose signatures appear below hereby
certify that they are authorized to execute this surety bond on behalf of the
principal and surety(ies) and that the wording of this surety bond is identical
to the wording specified in rules adopted under Chapter 3734. of the Revised
Code concerning financial assurance for a scrap tire transporter as such rules
were constituted on the date this bond was executed. Principal Signature(s):______________ Name(s) and title(s)
[typed]:______________ Corporate seal:______________ Corporate surety(ies) Name and address:______________ State of incorporation:______________ Liability limit: $______________ Signature(s):______________ Name(s) and title(s)
[typed]:______________ Corporate seal: [For every co-surety, provide signature(s),
corporate seal, and other information in the same manner as for surety
above.] Bond premium: $______________" (D) A letter of credit as specified in
paragraph (I) of rule 3745-580-23 of the Administrative Code must be worded as
follows on forms prescribed by the director, except that instructions in
brackets are to be replaced with the relevant information and the brackets
deleted [note: A letter of credit may also contain provisions used by the
issuing institution in its regular course of business, provided that such
provisions do not alter the terms and conditions in this
paragraph]: "Irrevocable standby letter of credit [Director] Ohio Environmental Protection Agency Dear sir or madam: We hereby establish our
irrevocable standby letter of credit no.__________ in your favor, at the
request and for the account of [owner's or operator's name and
address] up to the aggregate amount of [in words] U.S. dollars ($__________),
available upon presentation of (1) Your sight draft, bearing reference to this
letter of credit no.______________, and (2) Your signed statement reading as follows:
"I certify that the amount of the draft is payable pursuant to regulations
issued under the authority of Chapter 3734. of the Revised Code as
amended." This letter of credit is effective as of [date]
and will expire on [date of at least one year later], but such expiration date
will be automatically extended for a period of [at least one year] on [date]
and on each successive expiration date, unless, at least one hundred twenty
days prior to the current expiration date, we notify both you and [owner's
or operator's name] by certified mail or any other form of mail
accompanied by a receipt that we have decided not to extend this letter of
credit beyond the current expiration date. In the event that you are so
notified, any unused portion of the credit will be available upon presentation
of your sight draft for one hundred twenty days after the first day of receipt
by both you and [owner's or operator's name] as evidenced by the
return receipts. Whenever this letter of credit is drawn under and
in compliance with the terms of this credit, we will duly honor such draft upon
presentation to us, and we will deposit the amount of the draft directly into
the scrap tire management fund established by division (G) of section 3734.82
of the Revised Code. We certify that the wording of this letter of
credit is identical to the wording specified in rules adopted under Chapter
3734. of the Revised Code concerning financial assurance for a scrap tire
transporter as such rules were constituted on the date shown immediately
below. [Signature(s) and title(s) of official(s) of
issuing institution] [date] This credit is subject to [insert "the most
recent edition of the "Uniform Customs and Practice for Documentary
Credits," published by the International Chamber of Commerce" or
"The Uniform Commercial Code"]." [Comment: In the event that the owner or operator
ceases to exist, any unused portion of the credit will be available for the one
hundred twenty day period after the date of receipt by the director, as
evidenced by the return receipt.
Last updated January 8, 2024 at 1:56 PM
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Rule 3745-580-30 | Fire response.
(A) If a fire occurs at a location
identified on a scrap tire transporter registration or at a scrap tire
facility, the registered scrap tire transporter or owner or operator of the
scrap tire facility shall immediately do the following: (1) Notify local police
and fire agencies. (2) Call Ohio EPA's
twenty-four hour number at 800-282-9378 and provide the following
information: (a) The name and telephone number of the contact person
reporting the fire. (b) The name and address of the site or
facility. (c) The time of the fire. (d) The quantity of tires involved, to the extent
known. (e) The possible hazards to human health or the
environment. (3) Take all reasonable
actions necessary to ensure the following: (a) Suppression of the fire. (b) The threat to human health and the environment is
minimized. (c) Containment of pyrolytic oil, water, and other
residuals that result from suppression of the fire at the site by establishing
temporary berms, dikes, or other containment devices. (d) That fires do not occur, recur, or spread to other
areas of the site, including the removal or isolation of tires and portable
containers. (B) Following a fire at a location identified on a scrap
tire transporter registration or a scrap tire facility, the registered scrap
tire transporter or the owner or operator of the scrap tire facility shall
complete remediation activities in accordance with rule 3745-580-31 of the
Administrative Code. (C) Not later than seven days after occurrence of a fire at
a scrap tire facility, the owner or operator of the scrap tire facility shall
do the following: (1) Note the time, date, and details of
the fire in the daily log in accordance with rule 3745-580-215, 3745-580-315,
3745-580-415, or 3745-580-515 of the Administrative Code, as
applicable. (2) Submit a written notification to Ohio
EPA and the board of health that includes the information specified in
paragraph (A)(2) of this rule.
Last updated January 8, 2024 at 1:57 PM
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Rule 3745-580-31 | Remediation procedures for scrap tire fires.
(A) Applicability. (1) This rule is
applicable to the responsible individual of any property where a fire involving
more than one hundred scrap tires has occurred regardless of whether the
responsible individual is excluded from compliance with the registration,
permitting, or licensing requirements for scrap tire facilities specified in
this chapter. For the purposes of this rule, "responsible individual"
means the owner, operator, registrant, permittee, licensee, or other person who
conducted or allowed the accumulation or burning of scrap tires. (2) Compliance with this
rule does not prevent the director from seeking legal or equitable relief to
enforce the terms of this rule or from taking other administrative, legal or
equitable action as deemed appropriate and necessary, including penalties for
noncompliance. (3) This rule is not
applicable to the controlled combustion of tires or tire material by the owner
or operator of a facility authorized in rule or by the director in writing to
use tires or tire material as fuel. (B) General requirements. Unless
otherwise specified in an order issued by the director, the approved board of
health, or a court of law, the responsible individual shall remediate areas of
contamination resulting from the burning of scrap tires in accordance with
paragraphs (C) and (D) of this rule, as applicable. (C) Remediation of scrap tire fire sites.
The responsible individual shall remediate the property as
follows: (1) Not later than seven days after the
occurrence of a fire at the property, submit written notification to Ohio EPA
and the board of health that includes the following: (a) The name, email address, and telephone number of the
responsible individual. (b) The address or location of the scrap tire
fire. (c) The date and duration of the fire, if
known. (d) The quantity of tires involved, to the extent
known. (2) Manage and remove all
fire residuals on the property in accordance with applicable state and federal
rules and laws and remove and dispose of all whole scrap tires with melted or
charred surfaces and partially burned scrap tires at a solid waste landfill not
later than sixty days after the start of the fire unless one of the following
occurs: (a) The responsible individual submits a request for an
extension in writing and the request is approved by Ohio EPA. (b) An alternative timeframe is specified by the director,
board of health, or court of law. (D) Corrective measures. (1) The responsible
individual shall initiate corrective measures in accordance with paragraph
(D)(2) of this rule if the surface soils indicate the presence of any of the
following: (a) Discoloration and staining. (b) A petroleum sheen. (c) Pyrolytic oil. (2) Not later than sixty
days after discovery of an indicator identified in paragraph (D)(1) of this
rule, the responsible individual shall complete the following corrective
measures for each impacted area: (a) Laterally and vertically excavate the soil in one foot
increments until surface soils no longer demonstrate the presence of any of the
indicators specified in paragraph (D)(1) of this rule. (b) After completion of the excavations specified in
paragraph (D)(2)(a) of this rule, remove an additional six inches of
soil. (c) Remove and properly dispose of contaminated soils at a
solid waste landfill, unless an alternative method of disposal is authorized in
writing by the director. (3) The responsible
individual may mitigate the contaminated areas using in-situ technology such as
soil vapor excavation or an equivalent form of remediation in lieu of soil
excavation upon written approval by the director. (4) The responsible
individual shall submit documentation of remedial work performed and disposal
receipts to the director not later than fourteen days after completion of the
corrective measures contained in paragraphs (D)(1) to (D)(3) of this
rule. (E) The director or approved board of
health, upon proper identification, may enter the site where the scrap tire
fire occurred at any time for the purpose of determining compliance with this
rule. (F) In addition to the corrective
measures contained in paragraphs (C) and (D) of this rule, the director,
approved board of health, or a court of law may require a responsible
individual to conduct additional remediation activities, sampling activities in
accordance with rule 3745-580-08 of the Administrative Code, or ground water
monitoring activities to protect human health, safety, and the
environment.
Last updated January 8, 2024 at 1:57 PM
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Rule 3745-580-100 | Scrap tire transporter registration certificate.
Except as specified in rule 3745-580-105 of the
Administrative Code, any person proposing to transport more than ten scrap
tires in a single load shall register as a scrap tire transporter by submitting
an application to the director in accordance with rule 3745-580-101 of the
Administrative Code as follows: (A) For an initial registration application, not later than
ninety days prior to the date the scrap tire transporter proposes to begin
transporting scrap tires. (B) For a renewal application, not later than January
thirty-first of each year with the submittal of the annual report. [Comment: Annual report specifications are
contained in rule 3745-580-115 of the Administrative Code.] [Comment: If a scrap tire transporter will not
continue operations after the last day of April, the owner or operator is
subject to the closure requirements in rule 3745-580-125 of the Administrative
Code.]
Last updated January 8, 2024 at 1:58 PM
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Rule 3745-580-101 | Application for a scrap tire transporter registration certificate.
(A) Application. An application for a scrap tire
transporter registration certificate shall be made on forms prescribed by the
director and contain sufficient detail to allow clear understanding for
technical review of the application and to provide assurance that the scrap
tire transportation business can be operated in accordance with this chapter.
The application shall contain at a minimum the following: (1) The name, address,
email address, and telephone number for the following: (a) The scrap tire transportation business including the
primary business location and a listing of all other locations where vehicles,
trailers, or other portable containers are routinely located for scrap tire
transport, load consolidation, or other storage. Portable containers that are
pre-positioned in accordance with paragraph (B) of rule 3745-580-110 of the
Administrative Code do not need to be listed in the registration
application. (b) The owner or operator of the scrap tire transportation
business. (c) The emergency contact person who is authorized to
commit resources necessary for emergency response equipment, material, and
services. (d) The owner of the properties on which the
applicant's vehicles, trailers, or other portable containers identified in
paragraph (A)(1)(a) of this rule are routinely located. This does not include
trailers pre-positioned in accordance with paragraph (B) of rule 3745-580-110
of the Administrative Code. (e) The applicant. (f) If the applicant is a political subdivision or
government entity, the title and employer of the official responsible for the
scrap tire transporter. (2) The number of scrap tire transporter
registration certificates requested for the registration year equal to the
number of motor vehicles to be used to transport scrap tires plus the number of
locations identified in paragraph (A)(1)(a) of this rule. (3) A letter of consent
from the property owner giving permission to the applicant to use the property
for the scrap tire transportation business, including the parcel number for
each parcel identified in the registration application. (4) For an initial
registration application, an executed financial assurance instrument prepared
in accordance with rule 3745-580-23 of the Administrative Code and worded in
accordance with rule 3745-580-24 of the Administrative Code. (5) If applicable,
certification that on the date the registration application is received by Ohio
EPA, the scrap tire transporter sorting areas are in compliance with the siting
criteria identified in paragraphs (B)(4) and (B)(5) of rule 3745-580-103 of the
Administrative Code. (6) A non-refundable
application fee as specified in section 3734.83 of the Revised Code, except as
follows: (a) If the scrap tire transporter is also a motor vehicle
salvage dealer licensed in accordance with Chapter 4738. of the Revised Code,
the scrap tire transporter is excluded from the annual registration application
fee if both of the following apply: (i) All scrap tires
transported are obtained as a direct consequence of receiving motor vehicles
for salvage. (ii) Scrap tires are
transported only on motor vehicles owned or leased by the motor vehicle salvage
dealer, which prominently display the name of the motor vehicle salvage
dealer's business. (b) If the scrap tire transporter is also a retail tire
dealer or retreader, the application fee is fifty dollars provided scrap tires
are transported only as a direct consequence of the transporter's retail
tire or retreading business. (7) A certification
statement and signature in accordance with rule 3745-500-50 of the
Administrative Code. (B) Additional information for scrap tire transporters that
are engaging in sorting, grading, load consolidation, or temporary storage. If
the scrap tire transporter is proposing to remove scrap tires from the scrap
tire transportation vehicles on property owned or leased by the applicant for
the purpose of grading, sorting, reducing the size of the scrap tires for load
consolidation purposes, or if the scrap tires will remain in covered trailers
or vehicles on the property for a period of between seven and thirty days, the
applicant shall provide the following information: (1) A description of how the scrap tires
will be handled and stored. (2) Measures that will be taken to
prevent scavenging and theft. (3) A narrative description of the type
and location of permanent and portable equipment used for load
consolidation. (C) A scrap tire transporter who also owns or operates a
business that meets the exclusions contained in paragraphs (A)(1) to (A)(3) of
rule 3745-580-205 or 3745-580-305 of the Administrative Code or paragraph
(A)(2) of rule 3745-580-405 of the Administrative Code on the same or adjacent
property as the transporting business shall include the following in a plan
view drawing that has a scale of one inch equals no greater than one hundred
feet to delineate the activities associated with the scrap tire transportation
business and the scrap tire handling and storage activities at the excluded
business in the registration application: (1) For the scrap tire transporter
business, all scrap tire storage areas and areas used for loading, unloading,
load consolidation, sorting, and grading of scrap tires. (2) For the business
specified in paragraph (A)(1) or (A)(3) of rule 3745-580-205 or 3745-580-305 of
the Administrative Code, all scrap tire storage areas. (3) For the businesses
specified in paragraph (A)(2) of rule 3745-580-205, 3745-580-305, or
3745-580-405 of the Administrative Code, delineation of the following scrap
tire storage areas: (a) Scrap tires that have been inspected and individually
labeled or marked as suitable for retreading. (b) Scrap tires that have been retreaded or
regrooved. (c) Scrap tires that cannot be retreaded or
regrooved. (D) If the director determines that additional information
is necessary to determine whether the criteria set forth in rule 3745-580-103
of the Administrative Code are satisfied, the applicant shall supply such
information as a precondition to further consideration of the
application. [Comment: Rule 3745-580-103 of the Administrative
Code states that an incomplete application may be a basis for denial of a
registration application.]
Last updated January 8, 2024 at 1:58 PM
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Rule 3745-580-103 | Criteria for approval, denial, suspension, or revocation of an annual registration certificate for a scrap tire transporter.
(A) An application, notwithstanding any
deficiency, may be considered and acted upon if sufficient information is
contained in the application for the director to determine whether the criteria
set forth in this rule are satisfied. (B) Approval. The director shall not approve an application
for a scrap tire transporter registration certificate unless the director
determines all of the following: (1) The applicant or person listed as the
operator of the scrap tire transportation operation is in substantial
compliance with, or is on a legally enforceable schedule through issuance of an
administrative consent order or judicial consent order to attain compliance
with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code at
scrap tire transportation operations, construction and demolition debris
facilities, construction and demolition debris processing facilities, or solid
waste facilities they own or operate. An applicant or person listed as the
operator is not in substantial compliance with Chapters 3704., 3714., 3734.,
and 6111. of the Revised Code if the applicant has committed a significant or
material violation of an environmental law or has committed numerous, other
violations of environmental laws such that the violations reveal a practice of
noncompliance with environmental laws. (2) The applicant or
person listed as the operator has maintained a history of compliance with
Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code by resolving
all administrative and judicial enforcement actions that were brought against
them that were based on a significant or material violation of an environmental
law, or were based on numerous, other violations of environmental laws that
revealed a practice of noncompliance with environmental laws at scrap tire
transportation operations, construction and demolition debris facilities,
construction and demolition debris processing facilities, or solid waste
facilities they own or operate or at scrap tire transportation operations they
have previously owned or operated. For purposes of this rule, an enforcement
action has been resolved if the operator has entered into an administrative
consent order or judicial consent order with regard to the violation of
environmental laws, or the operator has adjudicated the issue of whether it is
in violation of environmental laws to finality. (3) A financial assurance instrument has
been executed and funded in accordance with rule 3745-580-23 of the
Administrative Code. (4) Siting criteria. The
scrap tire transporter sorting areas are not located within the
following: (a) A park. (b) One thousand feet from the boundaries of the following
natural areas: (i) Areas designated by
the Ohio department of natural resources as either a state nature preserve, a
state wildlife area, or a state wild, scenic or recreational river area,
including areas designated by section 1517.05 or 1547.81 of the Revised
Code. (ii) Areas designated,
owned, and managed by the Ohio history connection as a nature
preserve. (iii) Areas designated by
the United States department of interior as either a national wildlife refuge
or a national wild, scenic, or recreational river. (iv) Areas designated by
the United States forest service as either a special interest area or a
research natural area in the Wayne national forest. (c) Two hundred feet from stream segments designated by
Ohio EPA as either a state resource water, a coldwater habitat, or an
exceptional warmwater habitat. (5) Fifty feet from
buildings not owned or leased by the scrap tire transporter or fifteen feet
from buildings owned or leased by the scrap tire transporter. (6) The scrap tire sorting areas are in
compliance with rule 3745-580-110 of the Administrative Code or an approved
scrap tire facility permit or registration certificate, if
applicable. (C) Denial. The director may deny an application for a
registration certificate for any of the following reasons: (1) Any of the criteria
in paragraph (B) of this rule that are applicable to the transporter are not
met. (2) The registration
certificate application is incomplete and the applicant has not corrected noted
deficiencies identified by the director and resubmitted the application not
later than thirty days after receipt of the notice of deficiency. (3) Falsification of any
material information that is required to be submitted to the director as part
of the registration certificate application. (D) Suspension, revocation, or denial of an existing
registration certificate. (1) The director may suspend, revoke, or
deny a scrap tire transporter registration certificate if the scrap tire
transporter fails to do any of the following: (a) Submit a complete and accurate annual report in
accordance with rule 3745-580-115 of the Administrative Code. (b) Comply with orders issued by the director to remove and
properly dispose of scrap tires that were managed in accordance with the
following: (i) Delivered by the
transporter to a location not authorized under this chapter to receive scrap
tires. (ii) Disposed of by the
transporter in a manner that constitutes open dumping. (c) Comply with rule 3745-580-31 of the Administrative Code
where either of the following has occurred: (i) A fire involving the
vehicle utilized by the scrap tire transporter and the scrap tires the vehicle
was hauling. (ii) Open burning of
scrap tires at any of the locations described in paragraph (D)(1)(b) of this
rule. (2) The director may deny
or revoke a registration certificate if the director concludes at any time that
any applicable laws have been or are likely to be violated. (E) Upon notice that a scrap tire transporter registration
certificate has been denied in accordance with paragraph (D) of this rule, the
scrap tire transporter shall conduct closure in accordance with rule
3745-580-125 of the Administrative Code.
Last updated January 8, 2024 at 1:59 PM
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Rule 3745-580-105 | Exclusions from the requirement to obtain a scrap tire transporter registration certificate.
(A) Any person who transports more than
ten scrap tires in a single load is not subject to the specifications of rule
3745-580-06 or 3745-580-101 of the Administrative Code provided the person
meets one of the following: (1) Transports scrap
tires for their own use in agriculture or for producing or processing
aggregates. (2) Is engaged primarily in the retail
sale of the following types of tires and transports twenty-five or fewer scrap
tires in a single load and not more than two hundred fifty scrap tires in a
calendar year: (a) Farm machinery. (b) Construction equipment. (c) Commercial cars. (d) Commercial tractors. (e) Motor buses. (f) Semi truck tires. (3) Is a government
agency, local government, or operation owned by a local government that is
transporting scrap tires obtained from conducting roadside or litter clean ups
on public property or a community tire collection event and uses only
government owned or leased vehicles or designated privately owned vehicles
whose use is donated and not purchased. (4) Is a nonprofit organization,
university, or other civic organization, that has received written concurrence
from Ohio EPA prior to transporting scrap tires obtained from conducting a
scrap tire clean up event and uses government owned or leased vehicles or
designated privately owned vehicles whose use is donated and not
purchased. (5) Is a tire retreader or tire dealer
who tracks scrap tires in an inventory or shipping paper system so that the
scrap tires can be returned to the original owner of the scrap
tires. (6) Is a for-hire motor carrier who
transports scrap tires that are still owned by the scrap tire generator on a
commercial bill of lading to a dealer or manufacturer for the purposes of a
warranty adjustment, repair, or retreading, regardless of the condition of the
scrap tires. (7) Is a for-hire motor carrier who
transports scrap tires that are still owned by the scrap tire generator on a
commercial bill of lading to another business location owned or operated by the
scrap tire generator, regardless of the condition of the scrap
tires. (8) Is a for-hire motor carrier that
transports purchased scrap tires from a registered scrap tire transporter, an
owner or operator of a registered or permitted scrap tire facility, or business
excluded pursuant to rule 3745-580-205, 3745-580-305, or 3745-580-405 of the
Administrative Code to a final destination outside of Ohio. The for-hire motor
carrier transporting the scrap tires shall submit a request on forms prescribed
by the director, obtain written approval from Ohio EPA, and remain responsible
for the shipment of scrap tires until the scrap tires reach the final
destination. (9) Is a scrap tire generator that
transports scrap tires on a vehicle owned by the scrap tire generator to
another business location owned or operated by the scrap tire generator, to a
scrap tire retreading business, or to a manufacturer for the purposes of a
warranty adjustment or repair. (10) Transports exclusively segregated
loads of retreadable truck tire casings, retreadable off-the-road tire casings,
or scrap bias ply tires to a scrap tire retreading facility for retreading. The
scrap tire transporter shall demonstrate proof that the scrap tires have been
purchased by having a commercial bill of lading or a detailed receipt accompany
each load describing the scrap bias ply tires or retreadable truck tire
casings, the listing price paid, the source of the scrap tires, and the
destination. This exclusion does not apply to scrap tires in the transportation
vehicle not destined for retreading. (11) Is a barge, ship, or rail common
carrier company that transports scrap tires if the barge, ship, or rail common
carrier is acting as an agent or subcontractor to a registered scrap tire
transporter, has obtained written approval from Ohio EPA on forms prescribed by
the director, and ensures the approval accompanies the shipment of scrap tires
to the end destination and then is returned to the registered scrap tire
transporter. The shipment of scrap tires shall be the responsibility of the
following: (a) The registered scrap tire transporter and the common
carrier until the scrap tires reach their final destination. (b) The registered scrap tire transporter for scrap tires
that are staged at a dock or rail yard prior to shipment. (12) Transports exclusively TDF or TDC for
use as a fuel or a beneficial use authorized pursuant to rules 3745-580-801 and
3745-580-802 of the Administrative Code. (13) Transports solely crumb
rubber. (14) Is the property owner of the site and
has obtained written authorization from Ohio EPA or the board of health to
properly remove and dispose of scrap tires from the property to abate a public
nuisance or open dump. The property owner shall only use vehicles owned or
leased by the property owner or vehicles whose use is donated to the property
owner and not use commercial vehicles hired by the property owner and operated
by an unregistered scrap tire transporter. This exclusion is applicable only to
the scrap tires that are identified in the authorization. (15) Has obtained written permission from
Ohio EPA to transport scrap tires for a beneficial use authorized in accordance
with rule 3745-580-801 or 3745-580-802 of the Administrative Code. (16) Transports burned and partially
burned scrap tires for disposal to a sanitary landfill facility. (B) The exclusions contained in paragraph
(A) of this rule do not relieve a scrap tire transporter from compliance with
rule 3745-580-111 of the Administrative Code.
Last updated January 8, 2024 at 1:59 PM
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Rule 3745-580-110 | Standards for a registered scrap tire transporter.
(A) General standards. A registered scrap
tire transporter shall comply with the following: (1) Transport scrap tires
only to the following locations: (a) A scrap tire collection, scrap tire storage, scrap tire
monocell, scrap tire monofill, or scrap tire recovery facility licensed in
accordance with Chapter 3745-501 of the Administrative Code. (b) A solid waste incinerator or energy recovery facility
licensed in accordance with Chapter 3745-501 of the Administrative
Code. (c) A premises where the scrap tires are authorized for
beneficial use pursuant to rule 3745-580-801 or 3745-580-802 of the
Administrative Code. (d) An operation excluded from the permitting or
registration specifications contained in rule 3745-580-205, 3745-580-305, or
3745-580-405 of the Administrative Code, including but not limited to retail
tire dealers or tire retreaders. (e) Another registered scrap tire transporter. (f) A facility in another state in compliance with the laws
of that state. (2) Ensure each load of
scrap tires is accompanied by a shipping paper that meets the specifications of
rule 3745-580-06 of the Administrative Code. (3) Control and prevent
unauthorized use of the scrap tire transporter registration certificates and
decals. (4) Retain a valid
original registration certificate at the following locations: (a) In each vehicle used for the transportation of scrap
tires while scrap tires are being transported. (b) Each location identified in the latest registration
application. (5) Affix and display a
valid Ohio EPA scrap tire transporter decal on the lower right hand corner of
the windshield of each motor vehicle used for transporting scrap
tires. (6) Take appropriate
actions to prevent the breeding of mosquitoes by doing one of the
following: (a) Removing all water from the scrap tires before
transportation. (b) Shredding or cutting all scrap tires before
transportation. (c) Treating the scrap tires with a pesticide approved by
the United States environmental protection agency and the Ohio department of
agriculture before transporting the scrap tires. (7) Retain responsibility
for scrap tires staged for shipment at a barge, ship, or rail terminal or for
scrap tires transported by a motor carrier excluded pursuant to rule
3745-580-105 of the Administrative Code until the scrap tires are delivered to
a destination authorized in accordance with paragraph (A)(1) of this
rule. (8) Not store scrap tires
in a trailer, vehicle, or other portable container located under the
following: (a) Bridges. (b) Elevated trestles, roadways, or railroads. (c) Electrical power lines having a voltage in excess of
seven hundred fifty volts or that supply power to fire emergency
systems. (9) For scrap tires stored at locations
specified on the scrap tire transporter registration certificate, store scrap
tires in a trailer, vehicle, or other portable container that meets the
following: (a) Is covered to prevent water infiltration. (b) Is stored at one of the locations specified in the
scrap tire transporter registration certificate for not longer than thirty days
prior to transporting the scrap tires to one of the destinations listed in
paragraph (A)(1) of this rule. (c) Is stored at least fifty feet from buildings not owned
or leased by the scrap tire transporter or fifteen feet from buildings owned or
leased by the scrap tire transporter, unless the portable container or vehicle
is parked at a loading dock and is being actively loaded or
unloaded. (10) Sort or grade scrap tires at the
scrap tire transporter's business location only if specified in the scrap
tire transporter application and authorized in the approved scrap tire
registration certificate. Scrap tires may be transferred between trailers or
vehicles during sorting provided the scrap tires are sorted or graded at least
fifty feet from buildings not owned or leased by the scrap tire transporter or
fifteen feet from buildings owned or leased by the scrap tire
transporter. (11) Maintain records and submit reports
in accordance with rule 3745-580-115 of the Administrative Code. (12) Not store scrap tires outside of a
covered trailer or vehicle after the close of business each day. [Comment: Authorization as a scrap tire
collection, storage, or recovery facility pursuant to this chapter is necessary
if the scrap tire transporter intends to store the scrap tires for more than
thirty days in trailers or vehicles or store scrap tires outside of trailers or
vehicles beyond the close of business.] (B) A registered scrap tire transporter
may pre-position empty trailers at locations not owned or operated by the scrap
tire transporter provided the pre-positioned trailers meet the
following: (1) Are included as part
of the scrap tire storage area at a licensed scrap tire facility or a business
operating in accordance with rule 3745-580-05 of the Administrative Code. The
scrap tire transporter shall maintain records showing the date the portable
container or vehicle was dropped off and picked up and provide a copy to the
owner of the business where the scrap tires are stored. [Comment: The portable container is considered
part of the scrap tire collection or storage area for the facility or business
and will be included in the calculation for the total size of the scrap tire
storage area. The owner or operator of the business is responsible for
compliance with rule 3745-580-05 of the Administrative Code for scrap tires
stored on the premises.] (2) Do not remain at a
location other than a licensed scrap tire facility or a premises that is
excluded from the registration or permitting requirements specified in rule
3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code for a
period of more than fourteen days. Scrap tires stored in excess of fourteen
days shall be considered open dumped unless prior written notification is given
to the board of health and Ohio EPA stating the vehicle or trailer requires
mechanical repairs that will take longer than fourteen days to complete and
specifying a time frame for which the repairs will be completed. (C) A registered scrap tire transporter
operating on the same premises as a licensed and registered or permitted scrap
tire facility or a business that is excluded pursuant to rule 3745-580-205,
3745-580-305, or 3745-580-405 of the Administrative Code shall operate in a
manner that allows Ohio EPA to determine compliance with the applicable
provisions of this chapter for each operation. (D) Load consolidation. (1) A scrap tire
transporter may transfer scrap tires from one trailer, vehicle, or portable
container to another trailer, vehicle, or portable container for the purposes
of load consolidation only at a location specified in the scrap tire
transporter registration certificate, provided the scrap tires are not left on
the ground after the transfer is complete. (2) A scrap tire transporter may operate
permanent and portable equipment to consolidate loads of scrap tires for
shipment, provided the equipment is not used to manufacture a
product. (3) Permanent and
portable equipment used for load consolidation shall not be operated outside of
a building at a location within any of the following: (a) One hundred feet of the property line. (b) One hundred feet of buildings or structures not owned
or leased by the property owner or the scrap tire transporter. (c) Two hundred feet of a stream, lake, or
wetland. (4) The scrap tire
transporter shall maintain the area surrounding all outdoor permanent and
portable equipment in a manner that minimizes the accumulation of byproducts
and other waste generated from the use of the equipment. (E) A registered scrap tire transporter may accept scrap
tires from the general public or other entities as follows: (1) In accordance with a contract with a
government agency or a political subdivision, at the site designated in the
contract. (2) From a facility excluded from the
permitting or registration specifications pursuant to rule 3745-580-205,
3745-580-305, or 3745-580-405 of the Administrative Code. (3) In accordance with an
authorization issued pursuant to this chapter. (F) Access. The scrap tire transporter shall grant Ohio EPA
or the approved board of health access to a location specified in the approved
registration certificate and additional areas where vehicles, trailers, and
portable containers are located during normal operating hours for the purposes
of inspection, sampling, and scrap tire removal.
Last updated January 8, 2024 at 2:00 PM
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Rule 3745-580-111 | Standards for a non-registered scrap tire transporter.
Any person excluded from obtaining a scrap tire
transporter registration certificate pursuant to rule 3745-580-105 of the
Administrative Code shall comply with the following: (A) Transport scrap tires only to the
following locations: (1) A scrap tire
collection, scrap tire storage, scrap tire monocell, scrap tire monofill, or
scrap tire recovery facility licensed in accordance with section 3734.81 of the
Revised Code. (2) A solid waste
incinerator or energy recovery facility licensed in accordance with Chapter
3745-501 of the Administrative Code. (3) A premises authorized
to beneficially use scrap tires pursuant to rule 3745-580-801 or 3745-580-802
of the Administrative Code. (4) An operation excluded
from the permitting or registration specifications contained in rule
3745-580-205, 3745-580-305 or 3745-580-405 of the Administrative Code,
including but not limited to retail tire dealers or tire
retreaders. (5) A scrap tire
transporter registered in accordance with rule 3745-580-101 of the
Administrative Code. (6) A facility in another
state in compliance with the laws of that state. (B) Park trailers or vehicles containing scrap tires for no
more than fourteen days at a location other than the locations identified in
paragraph (A) of this rule. Scrap tires stored in excess of fourteen days shall
constitute open dumping unless prior written notification is given to the
approved board of health and Ohio EPA stating the vehicle or trailer requires
mechanical repairs that will take longer than fourteen days to complete and
specifying a time frame for which the repairs will be completed. (C) Take appropriate actions to prevent the breeding of
mosquitoes by doing one of the following: (1) Remove all water from
the scrap tires before transportation. (2) Shred or cut all
scrap tires before transportation. (3) Treat the scrap tires
with a pesticide approved by the United States environmental protection agency
and the Ohio department of agriculture before transporting the scrap
tires. (D) A scrap tire transporter may operate permanent and
portable equipment to consolidate loads of scrap tires for shipment, provided
the equipment is not used to manufacture a product.
Last updated January 8, 2024 at 2:00 PM
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Rule 3745-580-115 | Record keeping and reporting requirements for a registered scrap tire transporter.
(A) Record retention and availability. A
registered scrap tire transporter shall do the following: (1) Maintain records
specified in this rule for a period of at least three years. (2) Have records
available for inspection by Ohio EPA or the approved board of health during
normal operating hours. (3) Upon request, submit
records to Ohio EPA or the approved board of health. (B) Annual report. Not later than January thirty-first of
each year, a registered scrap tire transporter shall submit an annual report to
Ohio EPA that is prepared on forms prescribed by the director and includes at a
minimum the following information: (1) Records of all scrap
tire shipments transported by the scrap tire transporter, based on shipping
papers completed in accordance with rule 3745-580-06 of the Administrative
Code. (2) The total quantity of
scrap tires transported by the scrap tire transporter. (3) An estimate of the
percentage of the following types of scrap tires that were
transported: (a) Passenger and light truck tires. (b) Semi-truck tires. (c) All other tires. (4) The total quantity of
whole or processed scrap tires transported in accordance with the
following: (a) The quantity of scrap tires transported from the
following: (i) Locations including but not limited to scrap tire
generators, solid waste facilities, construction and demolition debris
facilities, construction and demolition debris processing facilities, and scrap
tire beneficial use sites, by the Ohio county or state in which the scrap tires
originated. (ii) Another registered scrap tire transporter. (b) The quantity of scrap tires delivered by the scrap tire
transporter to the following locations: (i) Scrap tire facilities and solid waste landfills. The
scrap tire transporter shall identify each facility type that scrap tires were
transported to including in other states. (ii) Another registered scrap tire transporter. (iii) A scrap tire
beneficial use site. (iv) A business,
facility, or operation excluded from the permitting and registration
specifications pursuant to rules 3745-580-205, 3745-580-305 and 3745-580-405 of
the Administrative Code. (5) The quantity of scrap tires recorded
in accordance with one of the following: (a) By number of scrap tires. (b) By weight in tons. (c) By volume in cubic feet. (6) A certification
statement signed in accordance with rule 3745-500-50 of the Administrative Code
that the information contained in the annual report is true and
accurate.
Last updated January 8, 2024 at 2:01 PM
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Rule 3745-580-125 | Closure of a registered scrap tire transporter.
(A) A scrap tire transporter shall begin
closure activities if any of the following occur: (1) The scrap tire
transporter registration certificate expires and the scrap tire transporter
does not apply for a renewal of the scrap tire transporter registration
certificate. (2) The scrap tire
transporter notifies the director in writing that the scrap tire transporter
will no longer be transporting scrap tires. (3) The scrap tire
transporter registration certificate has been denied or revoked as a final
action of the director. (B) Not later than thirty days after any
closure is triggered in accordance with paragraph (A) of this rule, the scrap
tire transporter shall complete the following closure activities: (1) Notify all customers
by certified mail or any other form of mail accompanied by a receipt that the
scrap tire transporter is no longer transporting scrap tires. (2) Deliver all
accumulated scrap tires to one or more of the locations specified in paragraph
(A)(1) of rule 3745-580-110 of the Administrative Code. (3) Return the most
recently issued scrap tire transporter registration certificates and decals by
certified mail or any other form of mail accompanied by a receipt to Ohio
EPA. (4) Submit a final annual
report to Ohio EPA that includes the information specified in rule 3745-580-115
of the Administrative Code. (C) Closure certification. Not later than
thirty days after completing the closure requirements contained in paragraph
(B) of this rule, the owner or operator shall submit a written closure
certification to Ohio EPA stating that the specifications of paragraph (B) of
this rule have been met and includes a request that the director release the
financial assurance in accordance with rule 3745-580-23 of the Administrative
Code.
Last updated January 8, 2024 at 2:01 PM
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Rule 3745-580-200 | Establishment and modification of a scrap tire collection facility.
(A) Except as specified in rule
3745-580-205 of the Administrative Code, no person shall establish or modify a
scrap tire collection facility without first obtaining a registration
certificate. (B) Concurrent to submitting an application for a
registration certificate pursuant to rule 3745-580-201 of the Administrative
Code, the applicant shall also do the following: (1) For a new scrap tire collection
facility, apply for a license in accordance with Chapter 3745-501 of the
Administrative Code. (2) Submit to the Ohio EPA division of
air pollution control and the division of surface water a written notification
of intent to establish or modify a scrap tire collection facility and a written
request for information pertaining to any regulatory requirements under Chapter
3704. or 6111. of the Revised Code. (3) Mail letters of intent to establish
or modify a scrap tire collection facility including a description of the
facility by certified mail or any other form of mail accompanied by a receipt
to the following entities: (a) The governments of the general purpose political
subdivisions where the scrap tire collection facility is located including but
not limited to county commissioners, the legislative authority of a municipal
corporation, or the board of township trustees. (b) The single or joint county solid waste management
district or regional solid waste management authority where the scrap tire
collection facility is located or that is served by the scrap tire collection
facility. (c) The owner or lessee of any easement or right of way
bordering or within the proposed scrap tire collection facility boundaries
which may be affected by the proposed scrap tire collection
facility. (d) The local zoning authority having
jurisdiction. (e) The local air agency having jurisdiction. (f) The park system administrator, if any part of the scrap
tire collection facility is located within or shares the park
boundary. (g) The conservancy district, if any part of the scrap tire
collection facility is located within or shares the conservancy district
boundary. (h) The fire department having responsibility for providing
fire control services where the scrap tire collection facility is
located. (i) The board of health.
Last updated January 8, 2024 at 2:02 PM
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Rule 3745-580-201 | Application for a scrap tire collection facility registration certificate.
(A) Application. An application for a
scrap tire collection facility registration certificate shall contain at a
minimum the following on forms prescribed by the director with sufficient
detail to allow clear understanding for technical review of the application and
to provide assurance that the scrap tire collection facility is designed and
can be constructed and operated in accordance with this chapter: (1) The name, address,
email address, and telephone number for the following: (a) The scrap tire collection facility. (b) The operator of the scrap tire collection
facility. (c) The emergency contact person who is authorized to
commit resources necessary for emergency response equipment, material, and
services for the scrap tire collection facility. (d) The owner of the real property where the scrap tire
collection facility will be located. (e) The applicant. (2) A letter of consent
for the property to be used as a scrap tire collection facility including the
parcel number and a letter of permission from the property owner. (3) Copies of the letters
of intent with mail receipts that were sent in accordance with rule
3745-580-200 of the Administrative Code. (4) A narrative that
includes the following: (a) An explanation of how the scrap tire collection
facility will meet the criteria for approval specified in rule 3745-580-203 of
the Administrative Code. (b) A description of any portable containers in which scrap
tires will be stored including the number of containers, type of containers,
and capacity of each container. (c) A description of how wheel rims and associated lead
weights removed from scrap tires will be segregated, stored, and managed for
recycling or disposal. (5) Methods that will be used to control
the breeding of mosquitoes in accordance with paragraph (F) of rule
3745-580-210 of the Administrative Code. (6) Security measures that will be used
in accordance with paragraph (C) of rule 3745-580-210 of the Administrative
Code. (7) Measures to prevent off-site
migration of run-off and residuals generated from the suppression of a
fire. (8) A certification statement and
signature in accordance with rule 3745-500-50 of the Administrative
Code. (B) If the director determines that additional information
is necessary to determine whether the criteria set forth in rule 3745-580-203
of the Administrative Code are satisfied, the applicant shall supply such
information as a precondition to further consideration of the
application. [Comment: Rule 3745-580-203 of the Administrative
Code states that an incomplete application may be a basis for denial of a
registration certificate.]
Last updated January 8, 2024 at 2:02 PM
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Rule 3745-580-203 | Criteria for approval and denial of a scrap tire collection facility registration certificate application.
(A) An application, notwithstanding any
deficiency, may be considered and acted upon if sufficient information is
contained in the application for the director to determine whether the criteria
set forth in this rule are satisfied. (B) Approval. The director shall not
approve an application for a scrap tire collection facility registration
certificate unless the director determines all of the following: (1) The establishment or modification and
operation of the scrap tire collection facility will not violate Chapter 3704.,
3734., 3745., or 6111. of the Revised Code and the rules adopted
thereunder. (2) An applicant or person listed as the
owner or operator of the scrap tire collection facility is in substantial
compliance with, or is on a legally enforceable schedule through issuance of an
administrative consent order or judicial consent order to attain compliance
with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code at
scrap tire transportation operations, construction and demolition debris
facilities, construction and demolition debris processing facilities, or solid
waste facilities they own or operate. An applicant or person listed as the
owner or operator is not in substantial compliance with Chapters 3704., 3714.,
3734., 3745., and 6111. of the Revised Code if the applicant has committed a
significant or material violation of an environmental law or has committed
numerous, other violations of environmental laws such that the violations
reveal a practice of noncompliance with environmental laws. (3) The applicant or
person listed as the owner or operator has maintained a history of compliance
with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code by
resolving all administrative and judicial enforcement actions that were brought
against them that were based on a significant or material violation of an
environmental law, or were based on numerous, other violations of environmental
laws that revealed a practice of noncompliance with environmental laws at scrap
tire transportation operations, construction and demolition debris facilities,
construction and demolition debris processing facilities, or solid waste
facilities they own or operate or at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they have previously
owned or operated. For purposes of this rule, an enforcement action has been
resolved if the owner or operator has entered into an administrative consent
order or judicial consent order with regard to the violation of environmental
laws, or the owner or operator has adjudicated the issue of whether they are in
violation of environmental laws to finality. (4) Only whole scrap tires accepted from
the public will be collected or stored at the scrap tire collection
facility. (5) All scrap tires will be stored only
in portable containers. (6) The total volume of scrap tires
collected will not exceed five thousand cubic feet. (C) Upon approval, the registration
certificate shall remain in effect until the director has received, and
approved in writing, certification that all necessary closure activities have
been completed, unless the registration certificate has been revoked in
accordance with rule 3745-580-210 of the Administrative Code. (D) Denial. The director may deny an
approval for a registration certificate for any of the following
reasons: (1) Any of the criteria
in paragraph (B) of this rule that are applicable to the scrap tire collection
facility are not met. (2) The registration
certificate application is incomplete and the applicant has not corrected noted
deficiencies identified by the director and resubmitted the application not
later than thirty days after receipt of the notice of deficiency. (3) Falsification of any
material information that is submitted to the director as part of the
registration certificate application.
Last updated January 8, 2024 at 2:10 PM
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Rule 3745-580-205 | Exclusions from the requirement to obtain a scrap tire collection facility registration certificate.
(A) The owner or operator of the
following are excluded from the requirement to obtain a registration
certificate: (1) A premises where
tires are sold at retail where no more than one thousand scrap tires are
present at any time in an unsecured, uncovered, outdoor location. [Comment: The owner or operator of a premises
where tires are sold at retail does not need to register as a scrap tire
collection facility if all scrap tires are secured in a building or a covered,
enclosed container, trailer, or installation.] (2) The premises of a
tire retreading business, tire manufacturing finishing center, or tire
adjustment center on which is located a single, covered scrap tire storage area
where no more than four thousand scrap tires are stored. (3) The premises of a
motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code
on which is located a single scrap tire storage area that occupies not more
than twenty-five hundred square feet and is no more than eight feet
high. (4) A registered scrap tire transporter
that collects and holds scrap tires in a covered trailer or vehicle for not
longer than thirty days prior to transporting the scrap tires to their final
destination. (5) A political subdivision or any state
agency that conducts a roadside or public property litter cleanup operation or
a community sponsored tire collection event and complies with the
following: (a) Stores scrap tires in accordance with either of the
following: (i) For not more than
thirty days prior to delivery to a registered scrap tire transporter or
licensed scrap tire facility. (ii) For not more than
one year if the political subdivision or state agency stores fewer than one
thousand scrap tires inside a building, enclosed trailer, or covered roll-off
container and the tires are dry or treated with a mosquito
pesticide. (b) The community sponsored tire collection event is a
not-for-profit event. (c) The cost to drop-off the tires is either free or a
minimal fee is charged to cover costs of collection, transportation, and
disposal or recycling. (d) This exclusion does not apply to drop off locations
that operate year-round. (6) A solid waste transfer facility
licensed and permitted pursuant to Chapter 3734. of the Revised Code where all
scrap tires, which have been pulled from loads of solid waste or delivered in a
single load of ten or less scrap tires, are stored in portable enclosed
containers and the aggregate volume does not exceed five thousand cubic feet
prior to their transfer to any of the locations listed in paragraph (A)(1) of
rule 3745-580-110 of the Administrative Code. (7) A solid waste
disposal facility, solid waste incinerator, or solid waste energy recovery
facility licensed and permitted pursuant to Chapter 3734. of the Revised Code
that stores scrap tires pulled from loads of solid waste or delivered in a
single load of ten or less scrap tires, are stored in portable enclosed
containers, and the aggregate volume does not exceed five thousand cubic feet
prior to their transfer to any of the locations listed in paragraph (A)(1) of
rule 3745-580-110 of the Administrative Code. (8) A construction and
demolition debris facility licensed pursuant to Chapter 3745-501 of the
Administrative Code where all scrap tires, which have been pulled from loads of
construction and demolition debris or delivered in a single load of ten or less
scrap tires, are stored in portable enclosed containers and the aggregate
volume does not exceed five thousand cubic feet prior to their transfer to any
of the locations listed in paragraph (A)(1) of rule 3745-580-110 of the
Administrative Code. (9) A construction and
demolition debris processing facility licensed pursuant to Chapter 3745-501 of
the Administrative Code and permitted pursuant to Chapter 3745-400 of the
Administrative Code where all scrap tires, which have been pulled from loads of
construction and demolition debris or delivered in a single load of ten or less
scrap tires, are stored in portable enclosed containers and the aggregate
volume does not exceed five thousand cubic feet prior to their transfer to any
of the locations listed in paragraph (A)(1) of rule 3745-580-110 of
Administrative Code. (10) A premises where
scrap tires are authorized for beneficial use. (B) The owner or operator of an excluded facility may only
use one of the exclusions from the scrap tire facility permitting or
registration requirements specified in rule 3745-580-205, 3745-580-305, or
3745-580-405 of the Administrative Code. (C) Unless otherwise specified in the
authorizing document, the owner or operator of a facility or a property owner
meeting an exclusion specified in paragraphs (A)(6) to (A)(10) of this rule
shall store scrap tires in accordance with the following: (1) For a facility that
meets the exclusions identified in paragraphs (A)(6) to (A)(9) of this rule, in
compliance with paragraphs (C) to (F) of rule 3745-580-210 of the
Administrative Code. (2) For a scrap tire
beneficial use that meets the exclusion identified in paragraph (A)(10) of this
rule, in compliance with paragraph (B) of rule 3745-580-810 of the
Administrative Code. [Comment: An operation that meets an exclusion
specified in paragraphs (A)(1) to (A)(3) of this rule is subject to the
mosquito control and storage requirements specified in rule 3745-580-05 of the
Administrative Code.]
Last updated January 8, 2024 at 2:11 PM
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Rule 3745-580-210 | Operation of a scrap tire collection facility.
(A) The owner or operator of a scrap tire
collection facility shall comply with the operational criteria specified in
this rule until the scrap tire collection facility is closed and the owner or
operator has received concurrence with the closure certification in accordance
with rule 3745-580-225 of the Administrative Code. (B) The owner or operator shall operate
the scrap tire collection facility as follows: (1) Obtain a valid
license prior to commencement of operations and annually thereafter in
accordance with Chapter 3745-501 of the Administrative Code. (2) In accordance with the terms and
conditions of the current license and current registration certificate. Unless
otherwise authorized in writing by Ohio EPA, the owner or operator of the scrap
tire collection facility shall make a copy of all authorizing documents for the
scrap tire collection facility including a copy of the license and the
registration certificate available at the scrap tire collection
facility. [Comment: Rule 3745-580-20 of the
Administrative Code establishes the requirements for the owner or operator to
receive the director's approval prior to making changes to a facility
including administrative changes, alterations, variances, exemptions, and
modifications.] (3) In accordance with the requirements
of Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code and the
rules adopted thereunder. (4) In accordance with the record keeping
and reporting requirements contained in rule 3745-580-215 of the Administrative
Code. (5) In a manner that does not result in a
nuisance or health hazard. (6) Post and maintain signs in legible
condition at the entrance to the scrap tire collection facility and at the
scrap tire handling areas that include the telephone numbers for emergency
personnel including but not limited to local fire departments, boards of
health, and the appropriate Ohio EPA district office. (7) Accept only whole scrap tires, unless
otherwise authorized by the director. Mounted scrap tires, including attached
lead weights, may be accepted and stored at the scrap tire collection
facility. [Comment: Separation of the scrap tire from the
wheel is not considered processing of the scrap tire and may be done at a scrap
tire collection facility.] (8) Ensure all scrap tire handling areas
are sloped and curbed to prevent off-site migration of runoff generated from
the suppression of a fire and residuals from a fire and to direct runoff to
collection points. (9) Use only a registered scrap tire
transporter to haul scrap tires to locations authorized in paragraph (A)(1) of
rule 3745-580-110 of the Administrative Code. (10) Not later than seven days after
receipt, remove any unauthorized waste and dispose of the unauthorized waste at
an appropriate licensed facility. (C) Facility access management. The owner
or operator shall manage access of the scrap tire collection facility as
follows: (1) Limit access to the
scrap tire collection facility by unauthorized personnel except during
operating hours when operating personnel are present. (2) Secure scrap tires to
prevent theft. (3) Take all necessary
measures to prevent scavenging. (4) Maintain access roads
within the scrap tire collection facility boundary in such a manner to allow
scrap tire collection facility operations and access at all times with minimum
erosion, ponding of surface water, dust generation and drag out onto public
roads. (D) Scrap tire storage limits. The owner
or operator of the scrap tire collection facility shall ensure scrap tires are
stored only in portable containers and the aggregate volume does not exceed
five thousand cubic feet. (E) Fire prevention and
response. (1) Storage. The owner or
operator of the scrap tire collection facility shall store scrap tires in a
manner that ensures the following: (a) A minimum isolation distance of fifty feet from
possible ignition sources. (b) That portable containers have the following minimum
isolation distances from buildings and structures: (i) One hundred feet for
buildings and structures not owned or leased by the owner or
operator. (ii) Fifteen feet for
buildings and structures owned or leased by the owner or operator. (c) Scrap tires are not located under the
following: (i) Bridges. (ii) Elevated trestles,
roadways, or railroads. (iii) Electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems. (d) The scrap tire handling areas are free of combustible
materials and obstructions. (2) Access. The owner or
operator of the scrap tire collection facility shall ensure access for
emergency vehicles from the entrance of the scrap tire collection facility to
and around the scrap tire handling areas at all times. (3) Fire response. If a
fire occurs at the scrap tire collection facility, the owner or operator of the
scrap tire collection facility shall comply with rule 3745-580-30 of the
Administrative Code. (F) Mosquito control. The owner or
operator shall employ the following measures to control the breeding of
mosquitoes at the scrap tire collection facility: (1) For incoming loads of
scrap tires, take one of the following measures upon arrival: (a) Remove any liquids from the scrap tires. (b) Treat scrap tires containing water with a pesticide
registered with the United States environmental protection agency and Ohio
department of agriculture, unless the owner or operator is provided with
documentation of proper mosquito control from the scrap tire
transporter. (2) For scrap tire
storage areas, one of the following measures: (a) Ensure at all times that scrap tires are free of water
to prevent mosquitoes and mosquito larvae habitat. (b) Apply a pesticide registered with the United States
environmental protection agency and Ohio department of agriculture to all scrap
tires stored outdoors in accordance with the product label
specifications. (3) Maintain the scrap
tire storage area to prevent the ponding of water. (4) Maintain pesticide
application records at the scrap tire collection facility for a period of three
years that are available to the director or board of health during normal
operating hours and at a minimum include the following: (a) The name of the pesticide and United States
environmental protection agency registration number. (b) The date and time of application. (c) The name of the person who applied the
pesticide. (d) The amount of pesticide used per tire or another
measurable quantity listed on the label. (G) Revocation. The director may revoke a
registration certificate issued under rule 3745-580-203 of the Administrative
Code if the director concludes that any applicable laws have been or are likely
to be violated.
Last updated January 8, 2024 at 2:11 PM
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Rule 3745-580-215 | Record keeping and reporting requirements for a scrap tire collection facility.
(A) Record retention and availability.
The owner or operator of a scrap tire collection facility shall do the
following: (1) Maintain records
specified in this rule for a period of at least three years. (2) Have records
available for inspection by the approved board of health or Ohio EPA during
normal operating hours. (3) Upon request, submit
records to Ohio EPA or the approved board of health. (B) Log of operations. The owner or operator of a scrap
tire collection facility shall maintain a daily log of operations for each day
the scrap tire collection facility is operating on forms prescribed by the
director or an alternative form that contains at a minimum the
following: (1) General information
including the facility name and location, date, name of person completing the
daily log of operations, and signature. (2) Incoming scrap tire
information including the date when load received, unique vehicle number,
general public or scrap tire transporter registration ID or business name that
delivered each load, any mosquito control performed on the load, the amount of
scrap tires in the load, the types of scrap tires comprising the load, and the
county or state of origin. [Comment: General public includes any person
transporting ten or less scrap tires, any person meeting an exclusion from
having to obtain a registration certificate to transport more than ten scrap
tires in a single load, or any person illegally transporting more than ten
scrap tires in a single load to the scrap tire collection facility.] (3) Outgoing scrap tire
information including the date the load left facility, general public or scrap
tire transporter registration ID or business name removing load, amount of
scrap tires in the load, the authorized destination in accordance with rule
3745-580-110 of the Administrative Code, and county or state where destination
is located. (4) Scrap tire load
refusal information including the date when the load was rejected, amount of
scrap tires, the county or state of origin of the rejected load, the hauler
name and license plate number of the vehicle transporting the rejected load,
and the reason for rejecting the load. (5) Details of any fire
that occurs at the scrap tire collection facility. (6) Results from the
daily inspection in accordance with rule 3745-580-210 of the Administrative
Code. (7) Any other information
specified by the director. (C) Annual report. Not later than January thirty-first of
each year, the owner or operator of a scrap tire collection facility shall
submit an annual report to Ohio EPA that is based on the log of operations,
prepared on forms prescribed by the director, and includes the following
information: (1) The total amount of
scrap tires received from each registered scrap tire transporter and from the
public quantified in number, weight, or volume. The owner or operator of the
scrap tire collection facility shall also include an estimate of the percentage
of the following types of scrap tires that were received: (a) Passenger and light truck tires. (b) Semi-truck tires. (c) All other tires. (2) The total amount of
scrap tires, quantified in number, weight, or volume, transported to the
following locations: (a) Scrap tire storage facilities. (b) Scrap tire monofill facilities. (c) Scrap tire monocell facilities. (d) Scrap tire recovery facilities. (e) Other authorized facilities or premises. (3) The amount of scrap
tires stored at the facility when the annual report is completed. (4) Any changes to the information
identifying the scrap tire collection facility's closure contact person
and emergency contact person. (5) A certification statement and
signature in accordance with rule 3745-500-50 of the Administrative Code that
the information contained in the annual report is true and
accurate.
Last updated January 8, 2024 at 2:12 PM
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Rule 3745-580-225 | Closure of a scrap tire collection facility.
(A) The owner or operator of a scrap tire
collection facility shall conduct closure when any of the following
occurs: (1) The owner or operator
of the scrap tire collection facility declares in writing to Ohio EPA that the
scrap tire collection facility will no longer be accepting scrap
tires. (2) A license issued to
the scrap tire collection facility has expired and a renewal license has not
been applied for in the manner prescribed in Chapter 3745-501 of the
Administrative Code. (3) A scrap tire
collection facility license has expired and another license has been applied
for and denied as a final action of the licensing authority. (4) A scrap tire
collection facility license has been revoked as a final action of the licensing
authority. (5) A scrap tire
collection facility registration certificate has been revoked as a final action
of the director. (B) Closure notification
requirements. (1) The owner or operator
of a scrap tire collection facility that has triggered closure in accordance
with paragraph (A)(1) of this rule shall provide written notice to the entities
identified in paragraph (B)(3) of this rule via certified mail or any other
form of mail accompanied by a receipt not later than sixty days prior to the
anticipated date the scrap tire collection facility will cease acceptance of
scrap tires. (2) The owner or operator
of a scrap tire collection facility that has triggered closure in accordance
with paragraphs (A)(2) to (A)(5) of this rule shall provide written notice to
the entities identified in paragraph (B)(3) of this rule via certified mail or
any other form of mail accompanied by a receipt not later than seven days after
expiration of the scrap tire collection facility's license or the date of
a final action issued by the director or the approved board of
health. (3) The owner or operator
of a scrap tire collection facility shall submit a closure notification to the
following entities: (a) The single or joint county solid waste management
district or regional solid waste management authority where the facility is
located or that is served by the facility. (b) The board of health. (c) The local fire department. (d) The appropriate Ohio EPA district office. (4) The notification
specified in paragraphs (B)(1) and (B)(2) of this rule shall include the scrap
tire collection facility's closure contact person's name, address,
and telephone number and the date in which the scrap tire facility will cease
acceptance of scrap tires. (C) Not later than thirty days after
closure is triggered in accordance with paragraph (A) of this rule, the owner
or operator shall complete the following closure activities: (1) Cease acceptance of
scrap tires. (2) Post signs in such a manner as to be
easily visible at all entrances to the scrap tire collection facility stating
that the facility is closed for all scrap tire activities and maintain the
signs in legible condition for not less than six months after closure of the
scrap tire collection facility with text that includes the following in letters
not less than three inches high: "This facility is closed for all scrap
tire activities. Call the [name of the local solid waste management district]
at [telephone number of the local solid waste management district] or [name of
the Ohio EPA district office] for the location of the nearest facility that is
authorized to accept scrap tires." "Depositing scrap tires at a closed scrap
tire collection facility constitutes open dumping and is a violation of Chapter
3734. of the Revised Code. Whoever recklessly or knowingly violates Chapter
3734. of the Revised Code may be guilty of a felony punishable by a fine of at
least $10,000 but not more than $25,000, imprisonment for at least two years
but not more than four years, or both." (3) Remove and transport all remaining
scrap tires using a registered scrap tire transporter to one or more of the
locations specified in paragraph (A)(1) of rule 3745-580-110 of the
Administrative Code. (4) Remove and properly dispose of any
solid waste remaining on site. (5) Submit the final annual report to
Ohio EPA in accordance with rule 3745-580-215 of the Administrative
Code. (6) Continue mosquito control in
accordance with rule 3745-580-210 of the Administrative Code until the facility
is deemed closed in accordance with paragraph (E) of this rule. (D) Closure certification. Not later than
thirty days after completing the closure requirements contained in paragraph
(C) of this rule, the owner or operator shall submit a written closure
certification to the approved board of health and Ohio EPA stating that the
specifications of paragraph (C) have been met. The owner or operator shall not
convert the scrap tire collection facility to other uses until written
concurrence with the closure certification has been received in accordance with
paragraph (E) of this rule. (E) Closure of the scrap tire collection facility shall be
deemed complete when the owner or operator receives written concurrence with
the closure certification from Ohio EPA.
Last updated January 8, 2024 at 2:12 PM
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Rule 3745-580-300 | Establishment and modification of a scrap tire storage facility.
(A) Except as specified in rule
3745-580-305 of the Administrative Code, no person shall establish a scrap tire
storage facility without first obtaining one of the following: (1) A permit to install
prior to the construction or modification of a class I scrap tire storage
facility provided that the person currently owns or operates either of the
following: (a) A scrap tire monocell, monofill, or recovery facility
licensed under section 3734.81 of the Revised Code. (b) A scrap tire monocell, monofill, or recovery facility,
or any other solid waste disposal facility authorized to receive scrap tires,
that is located in another state and is operating in compliance with the laws
of that state. (2) A registration
certificate prior to the construction or modification of a class II scrap tire
storage facility. (B) Concurrent to submitting an application for a permit to
install or registration certificate pursuant to rule 3745-580-301 of the
Administrative Code, the applicant shall also do the following: (1) For a new scrap tire storage
facility, apply for a license in accordance with Chapter 3745-501 of the
Administrative Code. (2) For a new class I
scrap tire storage facility, submit a copy of the disclosure statement to the
Ohio attorney general's office pursuant to rules 109:6-1-01 to 109:6-1-04
of the Administrative Code. (3) Submit to Ohio EPA
division of air pollution control and the division of surface water a written
notification of intent to establish or modify a scrap tire storage facility and
a written request for information pertaining to any regulatory requirements
under Chapter 3704. or 6111. of the Revised Code. (4) Mail letters of
intent to establish or modify a scrap tire storage facility including a
description of the facility by certified mail or any other form of mail
accompanied by a receipt to the following entities: (a) The governments of the political subdivisions where the
scrap tire storage facility is located including but not limited to county
commissioners, the legislative authority of a municipal corporation, or the
board of township trustees. (b) The single or joint county solid waste management
district or regional solid waste management authority where the scrap tire
storage facility is located or that is served by the scrap tire storage
facility. (c) The owner or lessee of any easement or right of way
bordering or within the proposed scrap tire storage facility boundaries which
may be affected by the proposed scrap tire storage facility. (d) The local zoning authority having
jurisdiction. (e) The local air agency having jurisdiction. (f) The park system administrator, if any part of the scrap
tire storage facility is located within or shares the park
boundary. (g) The conservancy district, if any part of the scrap tire
storage facility is located within or shares the conservancy district
boundary. (h) The fire department having responsibility for providing
fire control services where the scrap tire storage facility is located. The
letter of intent shall also include a copy of the fire contingency plan and
plan view drawing in accordance with rule 3745-580-301 of the Administrative
Code. (i) The board of health.
Last updated January 8, 2024 at 2:13 PM
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Rule 3745-580-301 | Application for a scrap tire storage facility permit to install or registration certificate.
(A) Application. (1) An application for a
class I scrap tire storage facility permit to install or class II scrap tire
storage facility registration certificate shall contain at a minimum the
following on forms prescribed by the director with sufficient detail to allow
clear understanding for technical review of the application and to provide
assurance that the scrap tire storage facility is designed and can be
constructed and operated in accordance with this chapter: (a) The name, address, email address, and telephone number
for the following: (i) The scrap tire
storage facility. (ii) The operator of the scrap tire storage
facility. (iii) The emergency contact person who is authorized to
commit resources necessary for emergency response equipment, material, and
services for the scrap tire storage facility. (iv) The owner of the real property where the scrap tire
storage facility will be located. (v) The applicant. (b) A letter of consent for the property to be used as a
scrap tire storage facility, including the parcel number and a letter of
permission from the property owner. (c) Copies of letters of intent with mail receipts that
were sent in accordance with rule 3745-580-300 of the Administrative
Code. (d) A narrative that includes the following: (i) A summary of the site surroundings and an explanation
of how the scrap tire storage facility will meet the criteria for approval
specified in rule 3745-580-303 of the Administrative Code. (ii) A discussion of the following operations proposed at
the scrap tire storage facility: (a) The proposed activities to be performed at the scrap
tire storage facility including but not limited to receiving, unloading,
loading, shipping, handling, storage, compacting, and baling of scrap
tires. (b) The specifications of each piece of scrap tire handling
equipment to be used at the scrap tire storage facility. (c) Procedures for
segregation, storage, and management of wheel rims and associated lead weights
removed from scrap tires. (d) Procedures that will be used to prevent any wastes
other than scrap tires from being accepted at the scrap tire storage
facility. (e) Measures that will be used to handle bulky, dusty, or
dirt-filled scrap tires. (f) Measures that will be used to control dust or erosion
at the scrap tire storage facility. (g) Methods that will be used to control the breeding of
mosquitoes in accordance with paragraph (F) of rule 3745-580-310 of the
Administrative Code. (h) Security measures that will be used in accordance with
paragraph (C) of rule 3745-580-310 of the Administrative Code. [Comment: The means of limiting public
access may need to meet the standards of the local fire official, the state
fire code, and local fire codes or zoning ordinances. Paragraph (G) of rule
1301:7-7-34 of the Administrative Code specifies that a firmly anchored fence
or other approved method of security that controls unauthorized access
surrounding the storage area at sites where the volume of stored scrap tires is
more than twenty thousand cubic feet is necessary. A two thousand five hundred
square foot storage pile of scrap tires that is eight feet in height is equal
to twenty thousand cubic feet.] (e) The maximum size of the proposed scrap tire storage
area, in square feet. The owner or operator may request smaller scrap tire
storage areas in the class I scrap tire storage facility's permit to
install or class II scrap tire storage facility's registration certificate
to meet siting criteria in paragraph (B)(2) of rule 3745-580-303 of the
Administrative Code or to reduce the amount of necessary financial
assurance. [Comment: The maximum scrap tire storage area
allowed for class I and class II scrap tire storage facilities is specified in
paragraph (B)(3) of rule 3745-580-303 of the Administrative Code.] (f) The closure cost estimate pursuant to rule 3745-580-22
of the Administrative Code. (g) A draft of the financial assurance instrument to be
executed prior to the license issuance in accordance with rule 3745-503-05 of
the Administrative Code. (h) A fire contingency plan that contains at a minimum the
following information: (i) A list of names, addresses, and telephone numbers for
the following: (a) Local police and fire departments. (b) The local health department. (c) The local solid waste management district. (d) The Ohio EPA office of emergency response. (e) The appropriate Ohio EPA district office. (f) Any local contractors and emergency response teams that
may be utilized in the event of a fire at the facility. (ii) A list of names, addresses, and telephone numbers for
all persons designated to act as emergency coordinators for the scrap tire
storage facility, including the person authorized to commit resources necessary
to procure equipment, materials, and services. (iii) A copy of written agreements with the local police and
fire departments, contractors, and local emergency response teams to coordinate
emergency services in the event of a fire at the scrap tire storage facility.
At a minimum, the owner or operator shall include a letter from the local fire
department acknowledging that the local fire department has received the fire
contingency plan and a copy of the plan view drawing specified in paragraph
(A)(2)(b)(v) of this rule for a permit to install application or a copy of the
plan view drawing that contains the information specified in paragraphs
(A)(3)(b) to (A)(3)(i) of this rule for a registration certificate
application. (iv) A list of all emergency equipment at the facility
including but not limited to fire extinguishing systems and equipment, spill
control equipment, and communications equipment. (v) A copy of the annual training schedule used to train
staff on the contingency procedures. (i) A certification statement and signature in accordance
with rule 3745-500-50 of the Administrative Code. (2) In addition to the information
specified in paragraph (A)(1) of this rule, an application for a class I scrap
tire storage facility permit to install shall include the
following: (a) A statement that the disclosure statement to the Ohio
attorney general's office pursuant to rules 109:6-1-01 to 109:6-1-04 of
the Administrative Code has been submitted. (b) Detail engineering plans, specifications, and
information shown by means of drawings and narrative descriptions where
appropriate and prepared and sealed by a professional engineer. Minimum
dimensions of the plan drawings shall be twenty-four inches by thirty-six
inches and if an item does not exist, a note placed on the plan sheet. At a
minimum, the detail engineering plans, specifications, and information shall
contain a north arrow and the following: (i) The detail engineering plan cover sheet, to be numbered
sheet 1, which includes the following information: (a) The facility name, address, and telephone number of the
class I scrap tire storage facility. (b) The precise geographic location and boundary of the
class I scrap tire storage facility, to be shown on a road map. (c) The name, address, telephone number, and e-mail address
of the applicant and the operator of the class I scrap tire storage
facility. (d) The name, address, e-mail address, and telephone number
of the owner of the property and the parcel number for each tract of land to be
used for the class I scrap tire storage facility. (e) The name, address, telephone number, and e-mail address
of the person who prepared the plans. (f) The name, address, telephone number, and e-mail address
of the emergency contacts for the class I scrap tire storage facility who are
authorized to commit resources necessary for emergency response. (ii) Plan drawings, to be numbered consecutively as sheets
2A, 2B, 2C, etc., showing the following items located within the class I scrap
tire storage facility boundary and within one thousand feet of the class I
scrap tire storage facility boundary using a scale of one inch equals no
greater than two hundred feet unless otherwise specified: (a) The property lines and parcel numbers of all land owned
or leased for the class I scrap tire storage facility as determined by a
property survey conducted by a professional surveyor registered in
Ohio. (b) All existing land uses, zoning classifications,
property owners, political subdivisions, and communities. (c) Existing topography showing vegetation and surface
waters of the state, as defined in rule 3745-1-02 of the Administrative Code,
with a contour interval no greater than five feet. (d) The limits of the regulatory floodplain. (e) All public and private railroads, public roads, and
occupied structures. (f) All existing domiciles, including the location and
dimensions of all buildings, fencing, gates, and other structures. (g) If applicable, the boundaries of the areas listed in
paragraph (B)(2) of rule 3745-580-303 of the Administrative Code or a note on
the application if the siting criteria contained in rule 3745-580-303 of the
Administrative Code are not applicable to the class I scrap tire storage
facility. (iii) Plan drawings, to be numbered consecutively as sheets
3A, 3B, 3C, etc., showing the following items located within the class I scrap
tire storage facility boundary and within two hundred fifty feet of the class I
scrap tire storage facility boundary using a scale of one inch equals no
greater than one hundred feet unless otherwise specified: (a) The existing and proposed constructed topography of the
site, with contour lines at an interval no greater than five feet. (b) The location and dimensions of all proposed scrap tire
handling areas, maintenance buildings, weighing facilities, storage buildings,
scrap tire storage areas, and other occupied structures. (c) The location of existing or proposed bridges, elevated
trestles, elevated roadways, elevated railroads, or electrical power lines
having a voltage in excess of seven hundred fifty volts or that supply power to
fire emergency systems. (d) The location of all existing and proposed fencing,
gates, and natural or other screening on the site. Contour intervals need not
be delineated if such locations are shown on an aerial photograph. (iv) Plan drawing to be numbered sheet 4 indicating the
existing direction of flow and points of concentration of all existing surface
waters of the class I scrap tire storage facility property and includes the
proposed class I scrap tire storage facility boundary. (v) Plan drawings to be numbered consecutively 5A, 5B,
etc., showing the following using a scale of one inch equals no greater than
two hundred feet unless otherwise specified: (a) The location of on-site scrap tire handling and scrap
tire storage areas, including the maximum dimensions of all scrap tire piles,
fire break widths, and location of all scrap tire storage facility access
roads. (b) Any berms specified in paragraph (B)(2)(b)(ii) or
(B)(2)(b)(iii) of rule 3745-580-303 of the Administrative Code or berms to
control runoff from the scrap tire storage facility in accordance with rule
3745-580-30 of the Administrative Code. (c) The initial permit to install application and any
subsequent revisions shall be submitted in duplicate to the director with a
third copy sent to the approved board of health of the health district where
the scrap tire storage facility is or will be located. Any revisions shall be
accompanied by an index listing the change and the pages where the change
occurred. Upon written request from the Ohio EPA, the applicant shall submit
two additional and identically complete copies of the revised permit to install
application to the director and a certification statement and signature in
accordance with rule 3745-500-50 of the Administrative Code. Ohio EPA may
require the applicant to utilize an alternate process for submitting portions
of or the entire application. (3) In addition to the
information specified in paragraph (A)(1) of this rule, an application for a
class II scrap tire storage facility registration certificate shall include
detailed engineering plans and plan view drawings showing items within the
facility boundary and within five hundred feet of the proposed facility
boundary. Detailed engineering plans and plan view drawings shall be
twenty-four inches by thirty-six inches, using a scale of one inch equals no
greater than two hundred feet, unless a different size or scale is approved by
Ohio EPA. The detailed engineering plans and plan view drawings shall include
the following: (a) The property lines and parcel numbers of land owned or
leased for the class II scrap tire storage facility. (b) The location and dimensions, including the maximum
height of all proposed portable scrap tire containers and scrap tire storage
piles. (c) The location of all proposed scrap tire handling
areas. (d) The location and width of all fire breaks. (e) The locations and dimensions of all buildings, fencing,
gates, or structures, including domiciles. (f) The location of all access roads. (g) The direction of flow and points of concentration of
all existing surface waters. (h) Any berms or other structures to control run-off from
the facility in accordance with paragraphs (B)(2)(b)(ii) and (B)(2)(b)(iii) of
rule 3745-580-303 of the Administrative Code or berms to control runoff from
the scrap tire storage facility in accordance with rule 3745-580-30 of the
Administrative Code. (i) The location of bridges, elevated trestles, elevated
roadways, elevated railroads, or electrical power lines having a voltage in
excess of seven hundred fifty volts or that supply power to fire emergency
systems. (j) The limits of the regulatory floodplain. (k) The north arrow. (B) If the director determines that additional information
is necessary to determine whether the criteria set forth in rule 3745-580-303
of the Administrative Code are satisfied, the applicant shall supply such
information as a precondition to further consideration of the
application. [Comment: Rule 3745-580-303 of the Administrative
Code states that an incomplete application may be a basis for denial of the
application.]
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Rule 3745-580-303 | Criteria for approval and denial of a scrap tire storage facility permit to install or registration certificate application.
(A) An application, notwithstanding any
deficiency, may be considered and acted upon if sufficient information is
contained in the application for the director to determine whether the criteria
set forth in this rule are satisfied. (B) Approval. The director shall not
approve an application for a class I scrap tire storage facility permit to
install or a class II scrap tire storage facility registration certificate
unless the director determines all of the following: (1) General
criteria. (a) The establishment or modification and operation of the
scrap tire storage facility will not violate Chapter 3704., 3734., 3745., or
6111. of the Revised Code and the rules adopted thereunder. (b) An applicant or person listed as the owner or operator
of the scrap tire storage facility is in substantial compliance with, or is on
a legally enforceable schedule through issuance of an administrative consent
order or judicial consent order to attain compliance with applicable provisions
of Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code at scrap
tire transportation operations, construction and demolition debris facilities,
construction and demolition debris processing facilities, or solid waste
facilities they own or operate. An applicant or person listed as the owner or
operator of the scrap tire storage facility is not in substantial compliance
with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code if the
applicant or person listed as the owner or operator of the scrap tire storage
facility has committed a significant or material violation of an environmental
law or has committed numerous, other violations of environmental laws such that
the violations reveal a practice of noncompliance with environmental
laws. (c) The applicant or person listed as the owner or operator
of the scrap tire storage facility has maintained a history of compliance with
Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code by resolving
all administrative and judicial enforcement actions that were brought against
them that were based on a significant or material violation of an environmental
law, or were based on numerous, other violations of environmental laws that
revealed a practice of noncompliance with environmental laws at scrap tire
transportation operations, construction and demolition debris facilities,
construction and demolition debris processing facilities, or solid waste
facilities they own or operate or at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they have previously
owned or operated. For purposes of this rule, an enforcement action has been
resolved if the owner or operator of the scrap tire storage facility has
entered into an administrative consent order or judicial consent order with
regard to the violation of environmental laws, or the owner or operator of the
scrap tire storage facility has adjudicated the issue of whether they are in
violation of environmental laws to finality. (d) For an initial application, the applicant has submitted
a draft financial assurance instrument and the closure cost estimate calculated
in accordance with rules 3745-503-05 and 3745-580-22 of the Administrative
Code. (e) For an application submitted for a modification, the
applicant has submitted the closure cost estimate calculated in accordance with
rule 3745-580-22 of the Administrative Code. (2) Siting
criteria. (a) The proposed scrap tire handling area is not located
within the following: (i) One thousand feet of
a park in existence on the date of receipt of the application by Ohio EPA. The
one thousand foot setback does not apply if the applicant obtains a written
agreement from the owner or the designated authority of the park to locate the
scrap tire handling area within one thousand feet of the above the park. The
agreement shall be effective not later than the issuance date of the permit or
registration certificate. (ii) One thousand feet
from the boundaries of the following natural areas in existence on the date of
receipt of the application by Ohio EPA: (a) Areas designated by
the Ohio department of natural resources as either a state nature preserve, a
state wildlife area, or a state wild, scenic or recreational river area,
including areas designated by section 1517.05 or 1547.81 of the Revised
Code. (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 either 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 either a state resource water, a coldwater habitat,
or an exceptional warmwater habitat. (b) The proposed outdoor scrap tire storage areas are not
located within the following: (i) One hundred feet of
the scrap tire storage facility property line or from buildings or structures
not owned or leased by the owner or operator of the scrap tire storage
facility. (ii) Five hundred feet of
a domicile not owned or leased by the owner or operator of the scrap tire
storage facility or within two hundred feet of a domicile owned or leased by
the owner or operator of the scrap tire storage facility, unless all scrap tire
storage areas located outside an enclosed building are separated from any such
buildings or structures by an earthen berm, or by a building or structure owned
or leased by the scrap tire storage facility owner or operator, at least one
and one half times the maximum height of the scrap tire storage
pile. (iii) Two hundred feet of
any surface waters of the state, unless the proposed outdoor scrap tire storage
areas are separated from the surface water of the state by an earthen berm of
sufficient height to control runoff from a fire at the scrap tire storage
facility. (iv) Under bridges,
elevated trestles, elevated roadways, elevated railroads, or electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems. (c) The scrap tire storage facility is not located in a
regulatory floodplain. (3) Additional
criteria. (a) For a class I scrap tire storage facility permit to
install, the applicant meets the requirements of sections 3734.40 to 3734.47 of
the Revised Code and the rules adopted thereunder. (b) For a class I scrap tire storage facility, the total
scrap tire storage area is limited to the area established in the permit to
install that cannot be greater than three acres. The owner or operator of a
class I scrap tire storage facility which proposes to store scrap tires shall
also own or operate either of the following to which the scrap tires stored at
the scrap tire storage facility will be transported: (i) A scrap tire
monocell, monofill, or recovery facility licensed under section 3734.81 of the
Revised Code. (ii) A scrap tire
monocell, monofill, or recovery facility, or any other solid waste disposal
facility authorized to receive scrap tires, that is located in another state
and is operating in compliance with the laws of that state. (c) For a class II scrap tire storage facility, the total
scrap tire storage area is limited to the area established in the registration
certificate that cannot be greater than ten thousand square feet. (C) Upon approval, the permit to install
or registration certificate shall remain in effect until the director has
received, and approved in writing, certification that all necessary closure
activities have been completed, unless the permit to install or registration
certificate has been revoked in accordance with rule 3745-580-310 of the
Administrative Code. (D) Denial. The director may deny an
approval for a permit to install or registration certificate for any of the
following reasons: (1) Any of the criteria
in paragraph (B) of this rule that are applicable to the scrap tire storage
facility are not met. (2) The permit to install
or registration certificate application is incomplete and the applicant has not
corrected noted deficiencies identified by the director and resubmitted the
application not later than thirty days after receipt of the notice of
deficiency. (3) Falsification of any
material information that is submitted to the director as part of the permit to
install or registration certificate application.
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Rule 3745-580-305 | Exclusions from the requirement to obtain a scrap tire storage facility permit to install or registration certificate.
(A) The owner or operator of the
following are excluded from the requirement to obtain a scrap tire storage
permit to install or registration certificate: (1) A premises where
tires are sold at retail where no more than one thousand scrap tires are
present at any time in an unsecured, uncovered, outdoor location. [Comment: The owner or operator of a premises
where tires are sold at retail does not need to register as a scrap tire
storage facility if all scrap tires are secured in a building or a covered,
enclosed container, trailer, or installation.] (2) The premises of a
tire retreading business, tire manufacturing finishing center, or tire
adjustment center on which is located a single, covered scrap tire storage area
where no more than four thousand scrap tires are stored. (3) The premises of a
motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code
on which is located a single scrap tire storage area that occupies not more
than twenty-five hundred square feet and is no more than eight feet
high. (4) A registered scrap tire transporter
that collects and holds scrap tires in a covered trailer or vehicle for not
longer than thirty days prior to transporting scrap tires to their final
destination. (5) A political subdivision or any state
agency that conducts a roadside or public property litter cleanup operation or
a community sponsored tire collection event and complies with the
following: (a) Stores scrap tires in accordance with either of the
following: (i) For not more than
thirty days prior to delivery to a registered scrap tire transporter or
licensed scrap tire facility. (ii) For not more than
one year if the political subdivision or state agency stores fewer than one
thousand scrap tires inside a building, enclosed trailer, or covered roll-off
container and the tires are dry or treated with a mosquito
pesticide. (b) The community sponsored tire collection event is a
not-for-profit event. (c) The cost to drop-off the tires is either free or a
minimal fee is charged to cover costs of collection, transportation, and
disposal or recycling. (d) This exclusion does not apply to drop off locations
that operate year round. (6) A solid waste transfer facility
licensed and permitted pursuant to Chapter 3734. of the Revised Code where all
scrap tires, which have been pulled from loads of solid waste or delivered in a
single load of ten or less scrap tires, are stored in portable enclosed
containers and the aggregate volume does not exceed five thousand cubic feet
prior to their transfer to any of the locations listed in paragraph (A)(1) of
rule 3745-580-110 of the Administrative Code. (7) A solid waste
disposal facility, solid waste incinerator, or solid waste energy recovery
facility licensed and permitted pursuant to Chapter 3734. of the Revised Code
that stores scrap tires pulled from loads of solid waste or delivered in a
single load of ten or less scrap tires, if the total area on which scrap tires
are actually stored is ten thousand square feet in area or less. (8) A construction and
demolition debris facility licensed pursuant to Chapter 3745-501 of the
Administrative Code where all scrap tires, which have been pulled from loads of
construction and demolition debris or delivered in a single load of ten or less
scrap tires are stored in portable enclosed containers and the aggregate volume
does not exceed five thousand cubic feet prior to their transfer to any of the
locations listed in paragraph (A)(1) of rule 3745-580-110 of the Administrative
Code. (9) A construction and
demolition debris processing facility licensed pursuant to Chapter 3745-501 of
the Administrative Code and permitted pursuant to Chapter 3745-400 of the
Administrative Code where all scrap tires, which have been pulled from loads of
construction and demolition debris or delivered in a single load of ten or less
scrap tires are stored in portable enclosed containers and the aggregate volume
does not exceed five thousand cubic feet prior to their transfer to any of the
locations listed in paragraph (A)(1) of rule 3745-580-110 of the Administrative
Code. (10) A premises where
scrap tires are authorized for beneficial use. (11) A scrap tire monofill, monocell, or
recovery facility licensed pursuant to section 3734.81 of the Revised Code if
the storage area does not exceed an area of ten thousand square feet. Scrap
tire storage areas in excess of the limit for a scrap tire monocell, monofill,
or recovery facility are not part of the scrap tire monofill, monocell, or
recovery facility and are not excluded from the requirements for registration
or permitting and licensing as a separate scrap tire storage
facility. (B) The owner or operator of an excluded facility may only
use one of the exclusions from the scrap tire facility permitting or
registration requirements specified in rules 3745-580-205, 3745-580-305, and
3745-580-405 of the Administrative Code. (C) Unless otherwise specified in the
authorizing document, the owner or operator of a facility or a property owner
meeting an exclusion specified in paragraphs (A)(6) to (A)(11) of this rule
shall store scrap tires in accordance with the following: (1) For a facility that
meets the exclusions identified in paragraphs (A)(6), (A)(8), and (A)(9) of
this rule, in compliance with paragraphs (C), (E)(1)(b), (E)(1)(c),
(E)(1)(e)(i), (E)(1)(f), (E)(2), (E)(4), and (F) of rule 3745-580-310 of the
Administrative Code. (2) For a facility that
meets the exclusions identified in paragraphs (A)(7) and (A)(11) of this rule,
in compliance with paragraphs (E)(1), (E)(2), and (F) of rule 3745-580-310 of
the Administrative Code. (3) For a scrap tire
beneficial use that meet the exclusion identified in paragraph (A)(10) of this
rule, in compliance with paragraph (B) of rule 3745-580-810 of the
Administrative Code. [Comment: An operation that meets an exclusion
specified in paragraphs (A)(1) to (A)(3) of this rule is subject to the
mosquito control and storage requirements specified in rule 3745-580-05 of the
Administrative Code.]
Last updated January 8, 2024 at 2:14 PM
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Rule 3745-580-310 | Operation of a scrap tire storage facility.
(A) The owner or operator of a scrap tire
storage facility shall comply with the operational criteria specified in this
rule until the scrap tire storage facility is closed and the owner or operator
of the scrap tire storage facility has received written concurrence with the
closure certification in accordance with rule 3745-580-325 of the
Administrative Code. (B) The owner or operator shall operate
the scrap tire storage facility as follows: (1) Obtain a valid
license prior to commencement of operations and annually thereafter in
accordance with Chapter 3745-501 of the Administrative Code. (2) In accordance with the terms and
conditions of the current license and current permit to install or registration
certificate. Unless otherwise authorized in writing by Ohio EPA, the owner or
operator of the scrap tire storage facility shall make a copy of all
authorizing documents for the scrap tire storage facility including a copy of
the license and the permit to install or registration certificate available at
the scrap tire storage facility. [Comment: Rule 3745-580-20 of the
Administrative Code establishes the requirements for the owner or operator to
receive the director's approval prior to making changes to a facility
including administrative changes, alterations, variances, exemptions, and
modifications.] (3) In accordance with the requirements
of Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code and the
rules adopted thereunder. (4) In accordance with the record keeping
and reporting requirements contained in rule 3745-580-315 of the Administrative
Code. (5) In a manner that does not result in a
nuisance or health hazard. (6) Post and maintain signs in legible
condition at the entrance to the scrap tire storage facility and at the scrap
tire handling areas that include the telephone numbers for emergency personnel
including but not limited to local fire departments, boards of health, and the
appropriate Ohio EPA district office. (7) Manage the scrap tire storage
facility such that scrap tires are not admitted to any unconstructed portion of
the scrap tire storage facility until all site preparations for that area have
been completed, all necessary equipment has been brought to the scrap tire
storage facility, and the scrap tire storage facility has been inspected by the
licensing authority. (8) Prior to license issuance, fund a
financial assurance instrument pursuant to rule 3745-503-05 of the
Administrative Code for an amount not less than the closure cost estimate
established in the approved permit to install or registration
certificate. (9) Maintain financial assurance that is
updated in accordance with rule 3745-580-22 of the Administrative
Code. (10) Accept only whole scrap tires unless
otherwise authorized by the director. Mounted scrap tires, including attached
lead weights, may be accepted and stored at the scrap tire storage
facility. [Comment: Separation of the scrap tire from the
wheel is not considered processing of the scrap tire and may be done at a scrap
tire storage facility.] (11) Confine scrap tire handling and
storage to the area specified in the approved permit to install or registration
certificate. (12) Ensure all scrap tire handling areas
are sloped and curbed to prevent off-site migration of runoff generated from
the suppression of a fire and residuals from a fire and to direct runoff to
collection points. (13) Use only a
registered scrap tire transporter to haul scrap tires to locations authorized
in paragraph (A)(1) of rule 3745-580-110 of the Administrative
Code. (14) Not later than seven
days after receipt, remove any unauthorized waste and dispose of the
unauthorized waste at an appropriate licensed facility. (C) Facility access management. The owner
or operator of the scrap tire storage facility shall manage access of the scrap
tire storage facility as follows: (1) Limit access to the
scrap tire storage facility by unauthorized personnel except during operating
hours when operating personnel are present. (2) Secure scrap tires to
prevent theft. (3) Take all necessary
measures to prevent scavenging. (4) Maintain access roads
within the scrap tire storage facility boundary in such a manner to allow scrap
tire storage facility operations and access at all times with minimum erosion,
ponding of surface water, dust generation, and drag out onto public
roads. (D) Scrap tire storage limits. The owner
or operator of the scrap tire storage facility shall maintain the scrap tire
storage area, including any scrap tire storage piles and portable containers
containing scrap tires, as follows: (1) For a class I scrap
tire storage facility, ensure that the scrap tire storage area does not exceed
three acres, unless a smaller size limit is established in the facility's
permit to install. (2) For a class II scrap
tire storage facility, ensure that the scrap tire storage area does not exceed
ten thousand square feet, unless a smaller size limit is established in the
facility's registration certificate. (E) Fire prevention and
response. (1) Storage. The owner or
operator of the scrap tire storage facility shall store scrap tires in a manner
that ensures the following: (a) Each scrap tire storage pile is limited to no greater
than two thousand five hundred square feet in area, with a maximum length and
width of fifty feet. (b) A minimum isolation distance of fifty feet from
possible ignition sources is maintained. (c) Scrap tire handling areas, storage areas, and fire
breaks are free of combustible materials and obstructions. (d) For inside storage, the following: (i) An aisle width
between scrap tire storage piles of at least eight feet. (ii) A clearance distance
of at least eighteen inches from the top of the scrap tire storage piles to
sprinkler deflectors. (iii) A clearance
distance of at least three feet from the top of the scrap tire storage piles to
roof structures. (iv) A clearance distance
of at least three feet from the top of the scrap tire storage piles to heaters,
ducts, and flues, or in accordance with the clearance distances recommended by
the equipment manufacturer. (e) For outside storage, the following: (i) Scrap tires are not
located under the following: (a) Bridges. (b) Elevated trestles,
roadways, or railroads. (c) Electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems. (ii) Scrap tire storage
piles are no greater than fourteen feet high. (iii) Fire breaks meet
the specifications of rule 3745-580-07 of the Administrative Code. (iv) Storage piles may be
larger than specified in this rule if approved by the director. (f) For portable containers, the following minimum
isolation distances from buildings and structures: (i) One hundred feet for
buildings and structures not owned or leased by the owner or operator of the
scrap tire storage facility. (ii) Fifteen feet for
buildings and structures owned or leased by the owner or operator of the scrap
tire storage facility. (2) Access. The owner or
operator of the scrap tire storage facility shall ensure access for emergency
vehicles from the entrance of the scrap tire storage facility to and around the
scrap tire handling areas at all times. (3) Fire contingency
plan. The owner or operator of the scrap tire storage facility shall prepare
and implement a fire contingency plan that conforms to the
following: (a) Contains the information specified in rule 3745-580-301
of the Administrative Code, including the location of a working fire
extinguisher kept at the facility. (b) Is available for inspection by Ohio EPA during normal
operating hours. (c) Is updated annually and not later than thirty days if
the plan fails in an emergency situation or if there is a change to any
information contained in the contingency plan. (4) Fire response. If a
fire occurs at the scrap tire storage facility, the owner or operator of the
scrap tire storage facility shall comply with rule 3745-580-30 of the
Administrative Code. (F) Mosquito control. The owner or
operator of the scrap tire storage facility shall employ the following measures
to control the breeding of mosquitoes at the scrap tire storage
facility: (1) For incoming loads of
scrap tires, one of the following measures upon arrival: (a) Remove any liquids from the scrap tires. (b) Treat scrap tires containing water with a pesticide
registered with the United States environmental protection agency and Ohio
department of agriculture, unless the owner or operator is provided with
documentation of proper mosquito control from the scrap tire
transporter. (2) For scrap tire
storage areas, one of the following measures: (a) Ensure at all times that scrap tires are free of water
to prevent mosquitoes and mosquito larvae habitat. (b) Apply a pesticide registered with the United States
environmental protection agency and Ohio department of agriculture to all scrap
tires stored outdoors in accordance with the product label
specifications. (3) Maintain the scrap
tire storage area to prevent the ponding of water. (4) Maintain pesticide
application records at the scrap tire storage facility for a period of three
years that are available to the director or board of health during normal
operating hours and at a minimum include the following: (a) The name of the pesticide and United States
environmental protection agency registration number. (b) The date and time of application. (c) The name of the person who applied the
pesticide. (d) The amount of pesticide used per tire or another
measurable quantity listed on the label. (G) Revocation. The director may revoke a
permit to install pursuant to rule 3745-500-350 of the Administrative Code and
a registration certificate issued under rule 3745-580-303 of the Administrative
Code if the director concludes that any applicable laws have been or are likely
to be violated.
Last updated January 8, 2024 at 2:15 PM
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Rule 3745-580-315 | Record keeping and reporting requirements for a scrap tire storage facility.
(A) Record retention and availability.
The owner or operator of the scrap tire storage facility shall do the
following: (1) Maintain records
specified in this rule for a period of at least three years. (2) Have records
available for inspection by the approved board of health or Ohio EPA during
normal operating hours. (3) Upon request, submit
records to Ohio EPA or the approved board of health. (B) Log of operations. The owner or operator of a scrap
tire storage facility shall maintain a daily log of operations for each day the
scrap tire storage facility is operating on forms prescribed by the director or
an alternative form that contains at a minimum the following: (1) General information
including the facility name and location, date, name of person completing the
daily log of operations, and signature. (2) Incoming scrap tire
information including the date when load received, unique vehicle number,
general public or scrap tire transporter registration ID or business name that
delivered each load, any mosquito control performed on the load, the amount of
scrap tires in the load, the types of scrap tires comprising the load, and the
county or state of origin. [Comment: General public includes any person
transporting ten or less scrap tires, any person meeting an exclusion from
having to obtain a registration certificate to transport more than ten scrap
tires in a single load, or any person illegally transporting more than ten
scrap tires in a single load to the scrap tire storage facility.] (3) Outgoing scrap tire
information including the date the load left facility, general public or scrap
tire transporter registration ID or business name removing load, amount of
scrap tires in the load, the authorized destination in accordance with rule
3745-580-110 of the Administrative Code, and county or state where destination
is located. (4) Scrap tire load
refusal information including the date when the load was rejected, amount of
scrap tires, the county or state of origin of the rejected load, the hauler
name and license plate number of the vehicle transporting the rejected load,
and the reason for rejecting the load. (5) Details of any fire
that occurs at the scrap tire storage facility. (6) Results from the
daily inspection in accordance with rule 3745-580-310 of the Administrative
Code. (7) Any other information
specified by the director. (C) Annual report. Not later than January thirty-first of
each year, the owner or operator of a scrap tire storage facility shall submit
an annual report to Ohio EPA that is based on the log of operations, prepared
on forms prescribed by the director, and includes the following
information: (1) The total amount of
scrap tires received from each registered scrap tire transporter and from the
public quantified in number, weight, or volume. The owner or operator of the
scrap tire storage facility shall also include an estimate of the percentage of
the following types of scrap tires that were received: (a) Passenger and light truck tires. (b) Semi-truck tires. (c) All other tires. (2) The total amount of
scrap tires, quantified in number, weight, or volume, transported to the
following locations: (a) Scrap tire storage facilities. (b) Scrap tire monofill facilities. (c) Scrap tire monocell facilities. (d) Scrap tire recovery facilities. (e) Other authorized facilities or premises. (3) Amount of scrap tires
stored at the facility when the annual report is completed. (4) Any changes to the
information identifying the scrap tire storage facility's closure contact
person and emergency contact person. (5) A certification
statement and signature in accordance with rule 3745-500-50 of the
Administrative Code that the information contained in the annual report is true
and accurate.
Last updated January 8, 2024 at 2:15 PM
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Rule 3745-580-325 | Closure of a scrap tire storage facility.
(A) The owner or operator of a scrap tire
storage facility shall conduct closure when any of the following
occurs: (1) The owner or operator
of the scrap tire storage facility declares in writing to Ohio EPA that the
scrap tire storage facility will no longer be accepting scrap
tires. (2) A license issued to
the scrap tire storage facility has expired and a renewal license has not been
applied for in the manner prescribed in Chapter 3745-501 of the Administrative
Code. (3) A scrap tire storage
facility license has expired and another license has been applied for and
denied as a final action of the licensing authority. (4) A scrap tire storage
facility license has been revoked as a final action of the licensing
authority. (5) A scrap tire storage
facility permit to install or registration certificate has been revoked as a
final action of the director. (B) Closure notification
requirements. (1) The owner or operator
of a scrap tire storage facility that has triggered closure in accordance with
paragraph (A)(1) of this rule shall provide written notice to the entities
identified in paragraph (B)(3) of this rule via certified mail or any other
form of mail accompanied by a receipt not later than sixty days prior to the
anticipated date the scrap tire storage facility will cease acceptance of scrap
tires. (2) The owner or operator
of a scrap tire storage facility that has triggered closure in accordance with
paragraphs (A)(2) to (A)(5) of this rule shall provide written notice to the
entities identified in paragraph (B)(3) of this rule via certified mail or any
other form of mail accompanied by a receipt not later than seven days after
expiration of the scrap tire storage facility's license or the date of a
final action issued by the director or the approved board of
health. (3) The owner or operator
of a scrap tire storage facility shall submit a closure notification to the
following entities: (a) The single or joint county solid waste management
district or regional solid waste management authority where the facility is
located or that is served by the facility. (b) The board of health. (c) The local fire department. (d) The appropriate Ohio EPA district office. (4) The notification
specified in paragraphs (B)(1) and (B)(2) of this rule shall include the scrap
tire storage facility's closure contact person's name, address, and
telephone number and the date in which the scrap tire facility will cease
acceptance of scrap tires. (C) Not later than thirty days after
closure is triggered in accordance with paragraph (A) of this rule, the owner
or operator of the scrap tire storage facility shall complete the following
closure activities: (1) Cease acceptance of
scrap tires. (2) Post signs in such a manner as to be
easily visible at all entrances to the scrap tire storage facility stating that
the facility is closed for all scrap tire activities and maintain the signs in
legible condition for not less than six months after closure of the scrap tire
storage facility with text that includes the following in letters not less than
three inches high: "This facility is closed for all scrap
tire activities. Call the [name of the local solid waste management district]
at [telephone number of the local solid waste management district] or [name of
the Ohio EPA district office] for the location of the nearest facility that is
authorized to accept scrap tires." "Depositing scrap tires at a closed scrap
tire storage facility constitutes open dumping and is a violation of Chapter
3734. of the Revised Code. Whoever recklessly or knowingly violates Chapter
3734. of the Revised Code may be guilty of a felony punishable by a fine of at
least $10,000 but not more than $25,000, imprisonment for at least two years
but not more than four years, or both." (3) Remove and transport all remaining
scrap tires using a registered scrap tire transporter to one or more of the
locations specified in paragraph (A)(1) of rule 3745-580-110 of the
Administrative Code. (4) Remove and properly dispose of any
solid waste remaining on site. (5) Submit to Ohio EPA the final annual
report in accordance with rule 3745-580-315 of the Administrative
Code. (6) Continue mosquito control in
accordance with rule 3745-580-310 of the Administrative Code until the facility
is deemed closed in accordance with paragraph (E) of this rule. (D) Closure certification. Not later than
thirty days after completing the closure requirements contained in paragraph
(C) of this rule, the owner or operator of the scrap tire storage facility
shall submit a written closure certification to the approved board of health
and Ohio EPA stating that the specifications of paragraph (C) of this rule have
been met and includes a request that the director release the financial
assurance in accordance with rule 3745-503-05 of the Administrative Code. The
owner or operator shall not convert the scrap tire storage facility to other
uses until concurrence with the closure certification has been received in
accordance with paragraph (E) of this rule. (E) Closure of the scrap tire storage
facility shall be deemed complete when the owner or operator receives written
concurrence with the closure certification from Ohio EPA.
Last updated January 8, 2024 at 2:16 PM
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Rule 3745-580-400 | Establishment and modification of a scrap tire recovery facility.
(A) Except as specified in rule
3745-580-405 of the Administrative Code, no person shall establish a scrap tire
recovery facility without first obtaining one of the following: (1) A permit to install
prior to the construction or modification of a class I scrap tire recovery
facility. (2) A registration certificate prior to
the construction or modification of a class II scrap tire recovery
facility. (B) Concurrent to submitting an application for a permit to
install or registration certificate pursuant to rule 3745-580-401 of the
Administrative Code, the applicant shall also do the following: (1) For a new scrap tire recovery
facility, apply for a license in accordance with Chapter 3745-501 of the
Administrative Code. (2) For a new class I
scrap tire recovery facility, submit a copy of the disclosure statement to the
Ohio attorney general's office pursuant to rules 109:6-1-01 to 109:6-1-04
of the Administrative Code. (3) Submit to Ohio EPA
division of air pollution control and the division of surface water a written
notification of intent to establish or modify a scrap tire recovery facility
and a written request for information pertaining to any regulatory requirements
under Chapter 3704. or 6111. of the Revised Code. (4) Mail letters of
intent to establish or modify a scrap tire recovery facility including a
description of the facility by certified mail or any other form of mail
accompanied by a receipt to the following entities: (a) The governments of the political subdivisions where the
scrap tire recovery facility is located including but not limited to county
commissioners, the legislative authority of a municipal corporation, or the
board of township trustees. (b) The single or joint county solid waste management
district or regional solid waste management authority where the scrap tire
recovery facility is located or that is served by the scrap tire recovery
facility. (c) The owner or lessee of any easement or right of way
bordering or within the proposed scrap tire recovery facility boundaries that
may be affected by the proposed scrap tire recovery facility. (d) The local zoning authority having
jurisdiction. (e) The local air agency having jurisdiction. (f) The park system administrator, if any part of the scrap
tire recovery facility is located within or shares the park
boundary. (g) The conservancy district, if any part of the scrap tire
recovery facility is located within or shares the conservancy district
boundary. (h) The fire department having responsibility for providing
fire control services where the scrap tire recovery facility is located. The
letter of intent shall also include a copy of the fire contingency plan and
plan view drawing in accordance with rule 3745-580-401 of the Administrative
Code. (i) The board of health.
Last updated January 8, 2024 at 2:16 PM
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Rule 3745-580-401 | Application for a scrap tire recovery facility permit to install or registration certificate.
(A) Application. (1) An application for a
class I scrap tire recovery facility permit to install or a class II scrap tire
recovery facility registration certificate shall contain at a minimum the
following on forms prescribed by the director with sufficient detail to allow
clear understanding for technical review of the application and to provide
assurance that the scrap tire recovery facility is designed and can be
constructed and operated in accordance with this chapter: (a) The name, address, email address, and telephone number
for the following: (i) The scrap tire
recovery facility. (ii) The operator of the scrap tire recovery
facility. (iii) The emergency contact person who is authorized to
commit resources necessary for emergency response equipment, material, and
services for the scrap tire recovery facility. (iv) The owner of the real property where the scrap tire
recovery facility will be located. (v) The applicant. (b) A letter of consent for the property to be used as a
scrap tire recovery facility, including a parcel number and a letter of
permission from the property owner. (c) Copies of letters of intent with mail receipts that
were sent in accordance with rule 3745-580-400 of the Administrative
Code. (d) A narrative that includes the following: (i) A summary of the site surroundings and an explanation
of how the scrap tire recovery facility will meet the criteria for approval
specified in rule 3745-580-403 of the Administrative Code. (ii) A discussion of the following operations proposed at
the scrap tire recovery facility: (a) The proposed activities to be performed at the scrap
tire recovery facility including but not limited to receiving, unloading,
loading, methods for shipping products, handling, storage, compacting, baling,
all stages of scrap tire reduction and any other processing of scrap
tires. (b) The specifications of each piece of scrap tire handling
and processing equipment to be used at the recovery facility. (c) Scrap tire products
generated. (d) Procedures for
segregation, storage, and management of wheel rims and associated lead weights
removed from scrap tires. (e) Procedures that will
be used to prevent any waste other than scrap tires from being accepted at the
scrap tire recovery facility. (f) Measures that will be
used to handle bulky, dusty, or dirt-filled scrap tires. (g) Measures that will be used to control dust or erosion
at the scrap tire recovery facility. (h) Methods that will be used to control the breeding of
mosquitoes in accordance with paragraph (F) of rule 3745-580-410 of the
Administrative Code. (i) Security measures that will be used in accordance with
paragraph (C) of rule 3745-580-410 of the Administrative Code. [Comment: The means of limiting public access
may need to meet the standards of the local fire official, the state fire code,
and local fire codes or zoning ordinances. Paragraph (G) of rule 1301:7-7-34 of
the Administrative Code requires a firmly anchored fence or other approved
method of security that controls unauthorized access surrounding the storage
area at sites where the volume of stored scrap tires is more than twenty
thousand cubic feet. A two thousand five hundred square foot storage pile of
scrap tires that is eight feet in height is equal to twenty thousand cubic
feet.] (e) The requested DDIC for the scrap tire recovery
facility. (f) The maximum size of the proposed scrap tire storage
area for scrap tires and scrap tire products, in square feet. The owner or
operator of the scrap tire recovery facility may request smaller scrap tire
storage and scrap tire products storage areas in the class I scrap tire
recovery facility's permit to install or class II scrap tire recovery
facility's registration certificate to meet siting criteria in paragraph
(B)(2) of rule 3745-580-403 of the Administrative Code or to reduce the amount
of necessary financial assurance. [Comment: The maximum scrap tire storage area
allowed for class I and class II scrap tire recovery facilities is specified in
paragraph (B)(3) of rule 3745-580-403 of the Administrative Code.] (g) The closure cost estimate pursuant to rule 3745-580-22
of the Administrative Code. (h) A draft of the financial assurance instrument to be
executed prior to the license issuance in accordance with rule 3745-503-05 of
the Administrative Code. (i) A fire contingency plan that contains at a minimum the
following information: (i) A list of names, addresses, and telephone numbers for
the following: (a) Local police and fire departments. (b) The local health department. (c) The local solid waste management district or regional
solid waste management authority. (d) The Ohio EPA office of emergency response. (e) The appropriate Ohio EPA district office. (f) Any local contractors and emergency response teams that
may be used in the event of a fire at the scrap tire recovery
facility. (ii) A list of names, addresses, and telephone numbers for
all persons designated to act as emergency coordinators for the scrap tire
recovery facility, including the person authorized to commit resources
necessary to procure equipment, materials, and services. (iii) A copy of written agreements with the local police and
fire departments, contractors, and local emergency response teams to coordinate
emergency services in the event of a fire at the scrap tire recovery facility.
At a minimum, the owner or operator of the scrap tire recovery facility shall
include a letter from the local fire department acknowledging that the local
fire department has received the fire contingency plan and a copy of the plan
view drawing specified in paragraph (A)(2)(b)(v) of this rule for a permit to
install application or a copy of the plan view drawing that contains the
information specified in paragraphs (A)(3)(b) to (A)(3)(i) of this rule for a
registration certificate application. (iv) A list of all emergency equipment at the facility
including but not limited to fire extinguishing systems and equipment, spill
control equipment, and communications equipment. (v) A copy of the annual training schedule used to train
staff on the contingency procedures. (j) Mobile scrap tire recovery equipment. For an owner or
operator of a scrap tire recovery facility that plans to operate mobile scrap
tire recovery equipment at remote locations, the following
information: (i) The proposed activities to be performed at the sites
including but not limited to loading, handling, storage, and processing of
scrap tires. (ii) Type of equipment
that will be used for mobilization and demobilization (e.g. excavator, bull
dozer) to retrieve scrap tires that will be processed by the mobile scrap tire
recovery equipment. (iii) The procedures and equipment the owner or operator of
the scrap tire recovery facility will employ to maintain the recovery equipment
and the area surrounding the recovery equipment free of litter and other debris
that may affect the proper operation of the equipment. (iv) A draft of the financial assurance instrument to be
executed prior to the acceptance of scrap tires in accordance with rules
3745-580-22 and 3745-503-05 of the Administrative Code. (k) A certification statement and signature in accordance
with rule 3745-500-50 of the Administrative Code. (2) In addition to the information
specified in paragraph (A)(1) of this rule, an application for a class I scrap
tire recovery facility permit to install shall include the
following: (a) A statement that the disclosure statement to the Ohio
attorney general's office pursuant to rules 109:6-1-01 to 109:6-1-04 of
the Administrative Code has been submitted. (b) Detail engineering plans, specifications, and
information shown by means of drawings and narrative descriptions where
appropriate and prepared and sealed by a professional engineer. Minimum
dimensions of the plan drawings shall be twenty-four inches by thirty-six
inches and if an item does not exist, a note placed on the plan sheet. At a
minimum, the detail engineering plans, specifications, and information shall
contain a north arrow and the following: (i) The detail engineering plan cover sheet, to be numbered
sheet 1, which includes the following information: (a) The facility name, address, and telephone number of the
class I scrap tire recovery facility. (b) The precise geographic location and boundary of the
class I scrap tire recovery facility, shown on a road map. (c) The name, address, telephone number, and e-mail address
of the applicant and the operator of the class I scrap tire recovery
facility. (d) The name, address, e-mail address, and telephone number
of the owner of the property and the parcel number for each tract of land to be
used for the class I scrap tire recovery facility. (e) The name, address, telephone number, and e-mail address
of the person who prepared the plans. (f) The name, address, telephone number, and e-mail address
of the emergency contacts for the class I scrap tire recovery facility who are
authorized to commit resources necessary for emergency response. (ii) Plan drawings, to be numbered consecutively as sheets
2A, 2B, 2C, etc., showing the following items located within the class I scrap
tire recovery facility boundary and within one thousand feet of the class I
scrap tire recovery facility boundary using a scale of one inch equals no
greater than two hundred feet unless otherwise specified: (a) The property lines and parcel numbers of all land owned
or leased for the class I scrap tire recovery facility as determined by a
property survey conducted by a professional surveyor registered in
Ohio. (b) All existing land uses, zoning classifications,
property owners, political subdivisions, and communities. (c) Existing topography showing vegetation and surface
waters of the state, as defined in rule 3745-1-02 of the Administrative Code,
with a contour interval no greater than five feet. (d) The limits of the regulatory floodplain. (e) All public and private railroads, public roads, and
occupied structures. (f) All existing domiciles, including the location and
dimensions of all buildings, fencing, gates, and other structures. (g) If applicable, the boundaries of the areas listed in
paragraph (B)(2) of rule 3745-580-403 of the Administrative Code or a note on
the application if the siting criteria contained in rule 3745-580-403 of the
Administrative Code are not applicable to the class I scrap tire recovery
facility. (iii) Plan drawings, to be numbered consecutively as sheets
3A, 3B, 3C, etc., showing the following items located within the class I scrap
tire recovery facility boundary and within two hundred fifty feet of the class
I scrap tire recovery facility boundary using a scale of one inch equals no
greater than one hundred feet unless otherwise specified: (a) The existing and proposed constructed topography of the
site, with contour lines at an interval no greater than five feet. (b) The location and dimensions of all proposed scrap tire
handling areas, maintenance buildings, weighing facilities, storage buildings,
scrap tire storage areas, and other occupied structures. (c) The location of existing or proposed bridges, elevated
trestles, elevated roadways, elevated railroads, or electrical power lines
having a voltage in excess of seven hundred fifty volts or that supply power to
fire emergency systems. (d) The location of all existing and proposed fencing,
gates, and natural or other screening on the site. Contour intervals need not
be delineated if such locations are shown on an aerial photograph. (iv) Plan drawing to be numbered sheet 4 indicating the
existing direction of flow and points of concentration of all existing surface
waters of the class I scrap tire recovery facility property and includes the
proposed class I scrap tire recovery facility boundary. (v) Plan drawings to be numbered consecutively 5A, 5B,
etc., showing the following using a scale of one inch equals no greater than
two hundred feet unless otherwise specified: (a) The location of on-site scrap tire handling and scrap
tire storage areas, including the maximum dimensions of all scrap tire piles,
fire break widths, and location of all facility access roads. (b) Any berms specified in accordance with paragraph
(B)(2)(b)(ii) or paragraph (B)(2)(b)(iii) of rule 3745-580-403 of the
Administrative Code or berms to control runoff from the facility in accordance
with rule 3745-580-30 of the Administrative Code. (c) The initial permit to install application and any
subsequent revisions shall be submitted in duplicate to the director with a
third copy sent to the approved board of health of the health district where
the scrap tire recovery facility is or will be located. Any revisions shall be
accompanied by an index listing the change and the pages where the change
occurred. Upon written request from the Ohio EPA, the applicant shall submit
two additional and identically complete copies of the revised permit to install
application to the director and a certification statement and signature in
accordance with rule 3745-500-50 of the Administrative Code. Ohio EPA may
require the applicant to utilize an alternate process for submitting portions
of or the entire application. (3) In addition to the
information specified in paragraph (A)(1) of this rule, an application for a
class II scrap tire recovery facility registration certificate shall include
detailed engineering plans and plan view drawings showing items within the
facility boundary and within five hundred feet of the proposed facility
boundary. Detailed engineering plans and plan view drawings shall be
twenty-four inches by thirty-six inches using a scale of one inch equals no
greater than two hundred feet, unless a different size or scale is approved by
Ohio EPA. The detailed engineering plans and plan view drawings shall include
the following: (a) The property lines and parcel numbers of land owned or
leased for the class II scrap tire recovery facility. (b) The location and dimensions, including the maximum
height of all proposed portable scrap tire containers and scrap tire storage
piles. (c) The location of all proposed scrap tire handling
areas. (d) The location and width of all fire breaks. (e) The locations and dimensions of all buildings, fencing,
gates, or structures, including domiciles. (f) The location of all access roads. (g) The direction of flow and points of concentration of
all existing surface waters. (h) Any berms or other structures to control run-off from
the class II scrap tire recovery facility in accordance with paragraph
(B)(2)(b)(ii) or paragraph (B)(2)(b)(iii) of rule 3745-580-403 of the
Administrative Code or berms to control runoff from the class II scrap tire
recovery facility in accordance with rule 3745-580-30 of the Administrative
Code. (i) The location of bridges, elevated trestles, elevated
roadways, elevated railroads, or electrical power lines having a voltage in
excess of seven hundred fifty volts or that supply power to fire emergency
systems. (j) The limits of the regulatory floodplain. (k) The north arrow. (B) If the director determines that additional information
is necessary to determine whether the criteria set forth in rule 3745-580-403
of the Administrative Code are satisfied, the applicant shall supply such
information as a precondition to further consideration of the
application. [Comment: Rule 3745-580-403 of the Administrative
Code states that an incomplete application may be a basis for denial of the
application.]
Last updated January 8, 2024 at 2:17 PM
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Rule 3745-580-403 | Criteria for approval and denial of a scrap tire recovery facility permit to install or registration certificate application.
(A) An application, notwithstanding any
deficiency, may be considered and acted upon if sufficient information is
contained in the application for the director to determine whether the criteria
set forth in this rule are satisfied. (B) Approval. The director shall not
approve an application for a class I scrap tire recovery facility permit to
install or a class II scrap tire recovery facility registration certificate
unless the director determines all of the following: (1) General criteria. (a) The establishment or modification and operation of the
scrap tire recovery facility will not violate Chapter 3704., 3734., 3745., or
6111. of the Revised Code and the rules adopted thereunder. (b) An applicant or person listed as the owner or operator
of the scrap tire recovery facility is in substantial compliance with, or is on
a legally enforceable schedule through issuance of an administrative consent
order or judicial consent order to attain compliance with applicable provisions
of Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code at scrap
tire transportation operations, construction and demolition debris facilities,
construction and demolition debris processing facilities, or solid waste
facilities they own or operate. An applicant or person listed as the owner or
operator is not in substantial compliance with Chapters 3704., 3714., 3734.,
3745., and 6111. of the Revised Code if the applicant has committed a
significant or material violation of an environmental law or has committed
numerous, other violations of environmental laws such that the violations
reveal a practice of noncompliance with environmental laws. (c) The applicant or person listed as the owner or operator
has maintained a history of compliance with Chapters 3704., 3714., 3734.,
3745., and 6111. of the Revised Code by resolving all administrative and
judicial enforcement actions that were brought against them that were based on
a significant or material violation of an environmental law, or were based on
numerous, other violations of environmental laws that revealed a practice of
noncompliance with environmental laws at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they own or operate or
at scrap tire transportation operations, construction and demolition debris
facilities, construction and demolition debris processing facilities, or solid
waste facilities they have previously owned or operated. For purposes of this
rule, an enforcement action has been resolved if the owner or operator has
entered into an administrative consent order or judicial consent order with
regard to the violation of environmental laws, or the owner or operator has
adjudicated the issue of whether they are in violation of environmental laws to
finality. (d) For an initial application, the applicant has submitted
a draft financial assurance instrument and the closure cost estimate calculated
in accordance with rules 3745-503-05 and 3745-580-22 of the Administrative
Code. (e) For an application submitted for a modification, the
applicant has submitted the closure cost estimate calculated in accordance with
rule 3745-580-22 of the Administrative Code. (2) Siting criteria. (a) The proposed scrap tire handling area is not located
within the following: (i) One thousand feet of a park in existence on the date of
receipt of the application by Ohio EPA. The one thousand foot setback does not
apply if the applicant obtains a written agreement from the owner or the
designated authority of the park to locate the scrap tire handling area within
one thousand feet of the park. The agreement shall be effective not later than
the issuance date of the permit to install or registration
certificate. (ii) One thousand feet from the boundaries of the following
natural areas in existence on the date of receipt of the application by Ohio
EPA: (a) Areas designated by
the Ohio department of natural resources as either a state nature preserve, a
state wildlife area, or a state wild, scenic or recreational river area,
including areas designated by section 1517.05 or 1547.81 of the Revised
Code. (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 either 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 either a state resource water, a coldwater habitat,
or an exceptional warmwater habitat. (b) The proposed outdoor scrap tire storage areas are not
located within the following: (i) One hundred feet of
the facility property line or from buildings or structures not owned or leased
by the owner or operator of the scrap tire recovery facility. (ii) Five hundred feet of
a domicile not owned or leased by the owner or operator of the scrap tire
recovery facility or within two hundred feet of a domicile owned or leased by
the owner or operator of the scrap tire recovery facility, unless all scrap
tire storage areas located outside an enclosed building are separated from any
such buildings or structures by an earthen berm, or by a building or structure
owned or leased by the scrap tire recovery facility owner or operator, at least
one and one half times the maximum height of the scrap tire storage
pile. (iii) Two hundred feet
from any surface waters of the state unless the proposed outdoor scrap tire
storage areas are separated from the surface water of the state by an earthen
berm of sufficient height to control runoff from a fire at the
facility. (iv) Under bridges,
elevated trestles, elevated roadways, elevated railroads, or electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems. (c) The scrap tire recovery facility is not located in a
regulatory floodplain. (3) Additional criteria. (a) For a class I scrap tire recovery facility permit to
install, the applicant meets the requirements of sections 3734.40 to 3734.47 of
the Revised Code and the rules adopted thereunder. (b) For a class I scrap tire recovery facility, the scrap
tire storage area will not exceed the following: (i) Twenty thousand
square feet of whole, cut, baled, and rough shredded scrap tires. (ii) Twenty thousand
square feet of TDF and TDC. (iii) Twenty thousand
square feet of by-products and residuals from scrap tires, all component parts,
partially assembled and fully assembled products made from scrap tires, and
other processed scrap tire products other than TDF and TDC, including but not
limited to crumb rubber. (c) For a class II scrap tire recovery facility, the total
scrap tire storage area will not exceed the following: (i) Ten thousand square
feet of whole, cut, baled, and rough shredded scrap tires. (ii) Ten thousand square
feet of TDF and TDC. (iii) Ten thousand square
feet of by-products and residuals from scrap tires, all component parts,
partially assembled and fully assembled products made from scrap tires, and
other processed scrap tire products other than TDF and TDC, including but not
limited to crumb rubber. (C) Upon approval, the permit to install
or registration certificate shall remain in effect until the director has
received, and approved in writing, certification that all necessary closure
activities have been completed, unless the permit to install or registration
certificate has been revoked in accordance with rule 3745-580-410 of the
Administrative Code. (D) Denial. The director may deny an approval for a permit
to install or registration certificate for any of the following
reasons: (1) Any of the criteria
in paragraph (B) of this rule that are applicable to the scrap tire recovery
facility are not met. (2) The permit to install
or registration certificate application is incomplete and the applicant has not
corrected noted deficiencies identified by the director and resubmitted the
application not later than thirty days after receipt of the notice of
deficiency. (3) Falsification of any
material information that is submitted to the director as part of the permit to
install or registration certificate application.
Last updated January 8, 2024 at 2:29 PM
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Rule 3745-580-405 | Exclusions from the requirement to obtain a scrap tire recovery facility permit to install or registration certificate.
(A) The owner or operator of the
following are excluded from the requirement to obtain a scrap tire recovery
facility permit to install or registration certificate: (1) A solid waste
incineration or energy recovery facility that is designed, constructed, and
used for the primary purpose of incinerating mixed municipal solid waste and
that burns scrap tires in conjunction with mixed municipal solid
wastes. (2) A tire retreading
business, tire manufacturing finishing center, or tire adjustment center that
stores not more than four thousand scrap tires in a single covered scrap tire
storage area on the premises. (3) Any person in the course of business
solely applying colorant to TDC for use as mulch. (4) Any person in the course of business
solely manufacturing products from crumb rubber including but not limited to
molded rubber products. (B) The owner or operator of an excluded facility may only
use one of the exclusions from the scrap tire facility permitting or
registration requirements specified in rules 3745-580-205, 3745-580-305, and
3745-580-405 of the Administrative Code. (C) Unless specified in the authorizing
document, the owner or operator meeting an exclusion specified in paragraph
(A)(1) of this rule shall store scrap tires in compliance with paragraph (E)(1)
of rule 3745-580-410 of the Administrative Code. [Comment: An operation that meets an exclusion
specified in paragraph (A)(2) of this rule is subject to the mosquito control
and storage requirements specified in rule 3745-580-05 of the Administrative
Code.]
Last updated January 8, 2024 at 2:29 PM
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Rule 3745-580-410 | Operation of a scrap tire recovery facility.
(A) The owner or operator of a scrap tire
recovery facility shall comply with the operational criteria specified in this
rule until the scrap tire recovery facility is closed and the owner or operator
of the scrap tire recovery facility has received written concurrence with the
closure certification report in accordance with rule 3745-580-425 of the
Administrative Code. (B) The owner or operator of the scrap
tire recovery facility shall operate the scrap tire recovery facility as
follows: (1) Obtain a valid
license prior to commencement of operations and annually thereafter in
accordance with Chapter 3745-501 of the Administrative Code. (2) In accordance with the terms and
conditions of the current license and current permit to install or registration
certificate. Unless otherwise authorized in writing by Ohio EPA, the owner or
operator of the scrap tire recovery facility shall make a copy of all
authorizing documents for the scrap tire recovery facility including a copy of
the license and the permit to install or registration certificate available at
the scrap tire recovery facility. [Comment: Rule 3745-580-20 of the
Administrative Code establishes the requirements for the owner or operator of
the scrap tire recovery facility to receive the director's approval prior
to making changes to a facility including administrative changes, alterations,
variances, exemptions, and modifications.] (3) In accordance with the requirements
of Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code and the
rules adopted thereunder. (4) In accordance with the record keeping
and reporting requirements contained in rule 3745-580-415 of the Administrative
Code. (5) In a manner that does not result in a
nuisance or health hazard. (6) Post and maintain signs in legible
condition at the entrance to the scrap tire recovery facility and at the scrap
tire handling areas that include the telephone numbers for emergency personnel
including but not limited to local fire departments, boards of health, and the
appropriate Ohio EPA district office. (7) Manage the scrap tire recovery
facility such that scrap tires are not admitted to any unconstructed portion of
the scrap tire recovery facility until all site preparations for that area have
been completed, all necessary equipment has been brought to the scrap tire
recovery facility, and the scrap tire recovery facility has been inspected by
the licensing authority. (8) Prior to license issuance, fund a
financial assurance instrument pursuant to rule 3745-503-05 of the
Administrative Code for an amount not less than the closure cost estimate
established in the approved permit to install or registration
certificate. (9) Maintain financial assurance that is
updated in accordance with rule 3745-580-22 of the Administrative
Code. (10) Accept only scrap tires unless
otherwise authorized by the director. (11) Confine scrap tire handling and
storage to the area specified in the approved permit to install or registration
certificate. (12) Ensure all scrap tire handling areas
are sloped and curbed to prevent off-site migration of runoff generated from
the suppression of a fire and residuals from a fire and to direct runoff to
collection points. (13) Use only a registered scrap tire
transporter to haul scrap tires to locations authorized in paragraph (A)(1) of
rule 3745-580-110 of the Administrative Code. (14) Not later than seven days after
receipt, remove any unauthorized waste and dispose of the unauthorized waste at
an appropriate licensed facility. [Comment: An owner or operator of a scrap tire
recovery facility may dispose of scrap tires at a solid waste landfill facility
if the owner or operator of the scrap tire recovery facility is unable to
process the scrap tires due to the construction of the scrap tire, if the scrap
tires are contaminated with mud or other materials that render the tires
unsuitable for processing, if the scrap tires have been burned, or if the scrap
tires consist of pieces that are the byproduct of the processing of scrap
tires. Scrap tires that are unable to be processed due to construction of the
scrap tire may include but is not limited to aircraft tires and forklift
tires.] (C) Facility access management. The owner
or operator of the scrap tire recovery facility shall manage access of the
scrap tire recovery facility as follows: (1) Limit access to the
scrap tire recovery facility by unauthorized personnel except during operating
hours when operating personnel are present. (2) Secure scrap tires to
prevent theft. (3) Take all necessary
measures to prevent scavenging. (4) Maintain access roads
within the scrap tire recovery facility boundary in such a manner to allow
scrap tire recovery facility operations and access at all times with minimum
erosion, ponding of surface water, dust generation, and drag out onto public
roads. (D) Scrap tire storage limits. The owner
or operator of the scrap tire recovery facility shall maintain the scrap tire
storage area, including any scrap tire storage piles and portable containers
containing scrap tires, as follows: (1) For a class I scrap
tire recovery facility, unless a smaller size limit is established in the
facility's permit to install, ensure that the scrap tire storage area does
not exceed the following: (a) Twenty thousand square feet for whole, cut, baled, and
rough shredded scrap tires. (b) Twenty thousand square feet of TDC and
TDF. (c) Twenty thousand square feet of by-products and
residuals from scrap tires, all component parts, partially assembled and fully
assembled products made from scrap tires, and other processed scrap tire
products other than TDF and TDC, including but not limited to crumb
rubber. (2) For a class II scrap tire recovery
facility, unless a smaller size limit is established in the facility's
registration certificate, ensure that the scrap tire storage area does not
exceed the following: (a) Ten thousand square feet for whole, cut, baled, and
rough shredded scrap tires. (b) Ten thousand square feet of TDC and TDF. (c) Ten thousand square feet of by-products and residuals
from scrap tires, all component parts, partially assembled and fully assembled
products made from scrap tires, and other processed scrap tire products other
than TDF and TDC, including but not limited to crumb rubber. (E) Fire prevention and
response. (1) Storage. The owner or
operator of the scrap tire recovery facility shall store whole, cut, baled,
rough shredded scrap tires, and processed scrap tire shreds in a manner that
ensures the following: (a) Each scrap tire storage pile is limited to no greater
than two thousand five hundred square feet in area, with a maximum length and
width of fifty feet. (b) For processed scrap tires measuring less than four
inches in any dimension, each storage pile is limited to dimensions no greater
than one of the following: (i) For a class I scrap
tire recovery facility, two hundred fifty feet long and fifty feet
wide. (ii) For a class II scrap
tire recovery facility, one hundred twenty-five feet long and fifty feet
wide. (c) A minimum isolation distance of fifty feet from
possible ignition sources is maintained. (d) The scrap tire handling areas, storage areas, and fire
breaks are free of combustible materials and obstructions. (e) For inside storage, the following: (i) An aisle width
between scrap tire storage piles of at least eight feet. (ii) A clearance distance
of at least eighteen inches from the top of the scrap tire storage piles to
sprinkler deflectors. (iii) A clearance
distance of at least three feet from the top of the scrap tire storage piles to
roof structures. (iv) A clearance distance
of at least three feet from the top of the scrap tire storage piles to heaters,
ducts, and flues, or in accordance with the clearance distances recommended by
the equipment manufacturer. (f) For outside storage, the following: (i) Scrap tires are not
located under the following: (a) Bridges. (b) Elevated trestles,
roadways, or railroads. (c) Electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems. (ii) Scrap tire storage piles are no greater than fourteen
feet high. (iii) Fire breaks meet the specifications of rule 3745-580-07
of the Administrative Code. (iv) Storage piles may be larger than specified in this rule
if approved by the director. (g) For portable containers, the following minimum
isolation distances from buildings and structures: (i) One hundred feet for
buildings and structures not owned or leased by the owner or operator of the
scrap tire recovery facility. (ii) Fifteen feet for
buildings and structures owned or leased by the owner or operator of the scrap
tire recovery facility. (2) Access. The owner or
operator of the scrap tire recovery facility shall ensure access for emergency
vehicles from the entrance of the scrap tire recovery facility to and around
the scrap tire handling and storage areas at all times. (3) Fire contingency plan. The owner or
operator of the scrap tire recovery facility shall prepare and implement a fire
contingency plan that conforms to the following: (a) Contains the information specified in rule 3745-580-401
of the Administrative Code, including the location of a working fire
extinguisher kept at the scrap tire recovery facility. (b) Is available for inspection by Ohio EPA during normal
operating hours. (c) Is updated annually and not later than thirty days if
the plan fails in an emergency situation or if there is a change to any
information contained in the contingency plan. (4) Fire response. If a
fire occurs at the scrap tire recovery facility, the owner or operator of the
scrap tire recovery facility shall comply with rule 3745-580-30 of the
Administrative Code. (F) Mosquito control. The owner or operator of the scrap
tire recovery facility shall employ the following measures to control the
breeding of mosquitoes at the scrap tire recovery facility: (1) For incoming loads of
scrap tires, one of the following measures upon arrival: (a) Remove any liquids from the scrap tires. (b) Treat scrap tires containing water with a pesticide
registered with the United States environmental protection agency and Ohio
department of agriculture, unless the owner or operator of the scrap tire
recovery facility is provided with documentation of proper mosquito control
from the scrap tire transporter. (2) For scrap tire
storage areas, one of the following measures: (a) Ensure at all times that scrap tires are free of water
to prevent mosquitoes and mosquito larvae habitat. (b) Apply a pesticide registered with the United States
environmental protection agency and Ohio department of agriculture to all scrap
tires stored outdoors in accordance with the product label
specifications. (3) Maintain the scrap
tire storage area to prevent the ponding of water. (4) Maintain pesticide application
records at the scrap tire recovery facility for a period of three years that
are available to the director or board of health during normal operating hours
and at a minimum include the following: (a) The name of the pesticide and United States
environmental protection agency registration number. (b) The date and time of application. (c) The name of the person who applied the
pesticide. (d) The amount of pesticide used per tire or another
measurable quantity listed on the label. (G) Revocation. The director may revoke a
permit to install pursuant to rule 3745-500-350 of the Administrative Code and
a registration certificate issued under rule 3745-580-403 of the Administrative
Code if the director concludes that any applicable laws have been or are likely
to be violated. (H) Off site operations. An owner or operator of a scrap
tire recovery facility authorized to operate mobile scrap tire recovery
equipment off site shall operate in accordance with rules 3745-580-504 and
3745-580-510 of the Administrative Code.
Last updated January 8, 2024 at 2:30 PM
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Rule 3745-580-415 | Record keeping and reporting requirements for a scrap tire recovery facility.
(A) Record retention and availability.
The owner or operator of the scrap tire recovery facility shall do the
following: (1) Maintain records
specified in this rule for a period of at least three years. (2) Have records
available for inspection by Ohio EPA or the approved board of health during
normal operating hours. (3) Upon request, submit
records to Ohio EPA or the approved board of health. (B) Log of operations. The owner or
operator of a scrap tire recovery facility shall maintain a daily log of
operations for each day the scrap tire recovery facility is operating on forms
prescribed by the director or an alternative form that contains at a minimum
the following: (1) General information
including the scrap tire recovery facility name and location, date, name of
person completing the daily log of operations, and signature. (2) Incoming scrap tire
information including the date when load received, unique vehicle number,
general public or scrap tire transporter registration ID or business name that
delivered each load, any mosquito control performed on the load, the amount of
scrap tires and processed scrap tires in the load, the types of scrap tires
comprising the load, and the county or state of origin. [Comment: General public includes any person
transporting ten or less scrap tires, any person meeting an exclusion from
having to obtain a registration certificate to transport more than ten scrap
tires in a single load, or any person illegally transporting more than ten
scrap tires in a single load to the scrap tire recovery facility.] (3) Outgoing scrap tire
and processed scrap tire material information including the date the load left
facility, general public or scrap tire transporter registration ID or business
name removing load, amount of scrap tires and processed scrap tire material in
the load, the authorized destination in accordance with rule 3745-580-110 of
the Administrative Code, and county or state where destination is
located. (4) Scrap tire load
refusal information including the date when the load was rejected, amount of
scrap tires, the county or state of origin of the rejected load, the hauler
name and license plate number of the vehicle transporting the rejected load,
and the reason for rejecting the load. (5) Details of any fire
that occurs at the scrap tire recovery facility. (6) Results from the
daily inspection in accordance with rule 3745-580-410 of the Administrative
Code. (7) Any other information
specified by the director. (8) For the operation of
mobile equipment, the owner of operator of the scrap tire recovery facility
will maintain daily logs in compliance with paragraph (B) of rule 3745-580-515
of the Administrative Code. (C) Annual report. Not later than January
thirty-first of each year, the owner or operator of a scrap tire recovery
facility shall submit an annual report to Ohio EPA that is based on the log of
operations, prepared on forms prescribed by the director, and includes the
following information: (1) The total amount of scrap tires
received from each registered scrap tire transporter and from the public
quantified in number, weight, or volume. The owner or operator of the scrap
tire recovery facility shall also include an estimate of the percentage of the
following types of scrap tires that were received: (a) Passenger and light truck tires. (b) Semi-truck tires. (c) All other tires. (2) The total amount of scrap tires and
processed scrap tires, quantified in number, weight, or volume, transported to
the following locations from the scrap tire recovery facility and project sites
where the mobile equipment operated: (a) Scrap tire storage facilities. (b) Scrap tire monofill facilities. (c) Scrap tire monocell facilities. (d) Scrap tire recovery facilities. (e) Other authorized facilities or premises. (3) The total amount of scrap tires
processed at the scrap tire recovery facility and project sites by the mobile
equipment, quantified in number, weight, or volume. (4) Amount of whole,
baled, cut, rough shreds, scrap tires products, scrap tire by-products and
scrap tire residuals stored at the scrap tire recovery facility when the annual
report is completed. (5) All project sites in
the calendar year where mobile equipment operated. (6) Any changes to the information
identifying the scrap tire recovery facility's closure contact person and
emergency contact person. (7) A certification statement and
signature in accordance with rule 3745-500-50 of the Administrative Code that
the information contained in the annual report is true and
accurate.
Last updated January 8, 2024 at 2:30 PM
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Rule 3745-580-425 | Closure of a scrap tire recovery facility.
(A) The owner or operator of a scrap tire
recovery facility shall conduct closure when any of the following
occurs: (1) The owner or operator
of the scrap tire recovery facility declares in writing to Ohio EPA that the
scrap tire recovery facility will no longer be accepting scrap
tires. (2) A license issued to
the scrap tire recovery facility has expired and a renewal license has not been
applied for in the manner prescribed in Chapter 3745-501 of the Administrative
Code. (3) A scrap tire recovery
facility license has expired and another license has been applied for and
denied as a final action of the licensing authority. (4) A scrap tire recovery
facility license has been revoked as a final action of the licensing
authority. (5) A scrap tire recovery
facility permit to install or registration certificate has been revoked as a
final action of the director. (B) Closure notification
requirements. (1) The owner or operator
of a scrap tire recovery facility that has triggered closure in accordance with
paragraph (A)(1) of this rule shall provide written notice to the entities
identified in paragraph (B)(3) of this rule via certified mail or any other
form of mail accompanied by a receipt not later than sixty days prior to the
anticipated date the scrap tire recovery facility will cease acceptance of
scrap tires. (2) The owner or operator
of a scrap tire recovery facility that has triggered closure in accordance with
paragraphs (A)(2) to (A)(5) of this rule shall provide written notice to the
entities identified in paragraph (B)(3) of this rule via certified mail or any
other form of mail accompanied by a receipt not later than seven days after
expiration of the scrap tire recovery facility's license or the date of a
final action issued by the director or approved board of health. (3) The owner or operator
of a scrap tire recovery facility shall submit a closure notification to the
following entities: (a) The single or joint county solid waste management
district or regional solid waste management authority where the scrap tire
recovery facility is located or that is served by the scrap tire recovery
facility. (b) The board of health. (c) The local fire department. (d) The appropriate Ohio EPA district office. (4) The notification
specified in paragraphs (B)(1) and (B)(2) of this rule shall include the scrap
tire recovery facility's closure contact person's name, address, and
telephone number and the date in which the scrap tire recovery facility will
cease acceptance of scrap tires. (C) Not later than thirty days after any
closure is triggered in accordance with paragraph (A) of this rule, the owner
or operator of the scrap tire recovery facility shall complete the following
closure activities: (1) Cease acceptance of
scrap tires. (2) Post signs in such a manner as to be
easily visible at all entrances to the scrap tire recovery facility stating
that the scrap tire recovery facility is closed for all scrap tire activities
and maintain the signs in legible condition for not less than six months after
closure of the scrap tire recovery facility with text that includes the
following in letters not less than three inches high: "This facility is closed for all scrap
tire activities. Call the [name of the local solid waste management district]
at [telephone number of the local solid waste management district] or [name of
the Ohio EPA district office] for the location of the nearest facility that is
authorized to accept scrap tires." "Depositing scrap tires at a closed scrap
tire recovery facility constitutes open dumping and is a violation of Chapter
3734. of the Revised Code. Whoever recklessly or knowingly violates Chapter
3734. of the Revised Code may be guilty of a felony punishable by a fine of at
least $10,000 but not more than $25,000, imprisonment for at least two years
but not more than four years, or both." (3) Remove and transport all remaining
scrap tires including rough tire shreds, component parts, partially assembled
and fully assembled products made from scrap tires, tire derived fuel, tire
derived chip and other scrap tire derived products using a registered scrap
tire transporter to one or more of the locations specified in paragraph (A)(1)
of rule 3745-580-110 of the Administrative Code. (4) Remove and properly dispose of any
solid waste remaining on site. (5) Submit to Ohio EPA the final annual
report in accordance with rule 3745-580-415 of the Administrative
Code. (6) Continue mosquito control in
accordance with rule 3745-580-410 of the Administrative Code until the facility
is deemed closed in accordance with paragraph (E) of this rule. (D) Closure certification. Not later than thirty days after
completing the closure requirements contained in paragraph (C) of this rule,
the owner or operator of the scrap tire recovery facility shall submit a
written closure certification to the approved board of health and Ohio EPA
stating that the specifications of paragraph (C) have been met and includes a
request that the director release the financial assurance in accordance with
rule 3745-503-05 of the Administrative Code. The owner or operator of the scrap
tire recovery facility shall not convert the scrap tire recovery facility to
other uses until concurrence with the closure certification has been received
in accordance with paragraph (E) of this rule. (E) Closure of the scrap tire recovery
facility shall be deemed complete when the owner or operator receives written
concurrence with the closure certification from Ohio EPA.
Last updated January 8, 2024 at 2:31 PM
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Rule 3745-580-500 | Establishment and modification of a mobile scrap tire recovery facility.
(A) Unless the owner or operator of a
mobile scrap tire recovery facility is otherwise permitted or registered and
licensed in Ohio as a scrap tire recovery facility, no person shall establish a
mobile scrap tire recovery facility without first obtaining a registration
certificate for the establishment or modification of a mobile scrap tire
recovery facility. (B) Concurrent to submitting an application for a
registration certificate pursuant to rule 3745-580-501 of the Administrative
Code, the applicant shall also do the following: (1) For new facilities, apply for a
license in accordance with Chapter 3745-501 of the Administrative
Code. (2) Submit to Ohio EPA division of air
pollution control and the division of surface water a written notification of
intent to establish or modify a mobile scrap tire recovery facility and a
written request for information pertaining to any regulatory requirements under
Chapter 3704. or 6111. of the Revised Code.
Last updated January 8, 2024 at 2:31 PM
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Rule 3745-580-501 | Application for a mobile scrap tire recovery facility registration certificate.
(A) Application. An application for a
mobile scrap tire recovery facility registration certificate shall contain at a
minimum the following on forms prescribed by the director with sufficient
detail to allow clear understanding for technical review of the application and
to provide assurance that the mobile scrap tire recovery facility is designed
and can be operated in accordance with this chapter: (1) The name, business
address, email address, and telephone number for the following: (a) The mobile scrap tire recovery facility. (b) The business owner and operator of the mobile scrap
tire recovery facility. (c) The emergency contact person who is authorized to
commit resources necessary for emergency response equipment, material, and
services for the mobile scrap tire recovery facility. (d) The applicant. (2) A discussion of the following
operations proposed at the mobile scrap tire recovery facility: (a) The proposed activities to be performed at the mobile
scrap tire recovery facility including but not limited to loading, handling,
storage, and processing of scrap tires. (b) Type of equipment that will be used for mobilization
and demobilization (e.g. excavator, bull dozer) to retrieve scrap tires that
will be processed. (c) The procedures and equipment the business owner or
operator of the mobile scrap tire recovery facility will employ to maintain the
recovery equipment and the area surrounding the recovery equipment free of
litter and other debris that may affect the proper operation of the mobile
scrap tire recovery facility. (3) The requested DDIC
for the mobile scrap tire recovery facility. (4) A draft of the
financial assurance instrument to be executed prior to the license issuance in
accordance with rules 3745-580-22 and 3745-503-05 of the Administrative
Code. (5) A fire contingency
plan that contains at a minimum the following information: (a) A list of names, addresses, and telephone numbers for
all persons designated to act as emergency coordinators for the mobile scrap
tire recovery facility, including one person authorized to commit resources
necessary to procure equipment, materials, and services. (b) A list of all emergency equipment at the mobile scrap
tire recovery facility including but not limited to fire extinguishing systems
and equipment, spill control equipment, and communications
equipment. (c) A copy of the annual training schedule used to train
staff on the contingency procedures. (6) A certification statement and
signature in accordance with rule 3745-500-50 of the Administrative
Code. (B) If the director determines that additional information
is necessary to determine whether the criteria set forth in rule 3745-580-503
of the Administrative Code are satisfied, the applicant shall supply such
information as a precondition to further consideration of the
application. [Comment: Rule 3745-580-503 of the Administrative
Code states that an incomplete application may be a basis for denial of the
registration certificate.]
Last updated January 8, 2024 at 2:32 PM
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Rule 3745-580-503 | Criteria for approval and denial of a mobile scrap tire recovery facility registration certificate application.
(A) An application, notwithstanding any
deficiency, may be considered and acted upon if sufficient information is
contained in the application for the director to determine whether the criteria
set forth in this rule are satisfied. (B) Approval. The director shall not
approve an application for a mobile scrap tire recovery facility registration
certificate unless the director determines all of the following: (1) The establishment or modification and
operation of the mobile scrap tire recovery facility will not violate Chapter
3704., 3734., 3745., or 6111. of the Revised Code and the rules adopted
thereunder. (2) An applicant or person listed as the
business owner or operator of the mobile scrap tire recovery facility is in
substantial compliance with, or is on a legally enforceable schedule through
issuance of an administrative consent order or judicial consent order to attain
compliance with applicable provisions of Chapters 3704., 3714., 3734., 3745.,
and 6111. of the Revised Code at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they own or operate. An
applicant or person listed as the business owner or operator is not in
substantial compliance with Chapters 3704., 3714., 3734., 3745., and 6111. of
the Revised Code if the applicant has committed a significant or material
violation of an environmental law or has committed numerous, other violations
of environmental laws such that the violations reveal a practice of
noncompliance with environmental laws. (3) The applicant or person listed as the
business owner or operator of the mobile scrap tire recovery facility has
maintained a history of compliance with Chapters 3704., 3714., 3734., 3745.,
and 6111. of the Revised Code by resolving all administrative and judicial
enforcement actions that were brought against them that were based on a
significant or material violation of an environmental law, or were based on
numerous, other violations of environmental laws that revealed a practice of
noncompliance with environmental laws at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they own or operate or
at scrap tire transportation operations, construction and demolition debris
facilities, construction and demolition debris processing facilities, or solid
waste facilities they have previously owned or operated. For purposes of this
rule, an enforcement action has been resolved if the business owner or operator
has entered into an administrative consent order or judicial consent order with
regard to the violation of environmental laws, or the business owner or
operator of the mobile scrap tire recovery facility has adjudicated the issue
of whether they are in violation of environmental laws to
finality. (4) The applicant has submitted a draft
financial assurance instrument in accordance with rules 3745-503-05 and
3745-580-22 of the Administrative Code. (C) Upon approval, the registration
certificate shall remain in effect until the director has received, and
approved in writing, certification that all necessary closure activities have
been completed, unless the registration certificate has been revoked in
accordance with rule 3745-580-510 of the Administrative Code. (D) Denial. The director may deny an
approval for a registration certificate for any of the following
reasons: (1) Any of the criteria
in paragraph (B) of this rule that are applicable to the mobile scrap tire
recovery facility are not met. (2) The registration
certificate application is incomplete and the applicant has not corrected noted
deficiencies identified by the director and resubmitted the application not
later than thirty days after receipt of the notice of deficiency. (3) Falsification of any
material information that is submitted to the director as part of the
registration certificate application.
Last updated January 8, 2024 at 2:32 PM
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Rule 3745-580-504 | Mobilization and demobilization notification of a mobile scrap tire recovery facility.
(A) Mobilization. Prior to conducting
activities at a new project site, the operator of the mobile scrap tire
recovery facility shall do the following: (1) Not later than
fourteen days prior to mobilizing, send written notification of intent via
certified mail or any other form of mail accompanied by a receipt to the
following entities: (a) The fire department having responsibility for providing
fire control services where the mobile scrap tire recovery facility will
mobilize that includes a copy of the fire contingency plan as specified in
paragraph (A)(4) of this rule. (b) The board of health for the county to which the mobile
scrap tire recovery facility will mobilize. (c) The appropriate Ohio EPA district office for the county
to which the mobile scrap tire recovery facility will mobilize. (2) Ensure the written
notification specified in paragraph (A)(1) of this rule contains, at a minimum,
the following information: (a) The name, business address, and registration number of
the mobile scrap tire recovery facility. (b) A contact name, email address, and telephone number for
the mobile scrap tire recovery facility. (c) The location or address to which the mobile scrap tire
recovery facility is mobilizing. (d) The project start date and the estimated duration of
the project. (e) A brief description of the proposed operations and
project site, including but not limited to the number of tires involved in the
project. (f) A brief description of equipment that will be used for
the project. (3) In addition to the
notification specified in paragraphs (A)(1) and (A)(2) of this rule, for each
mobilization of a mobile scrap tire recovery facility, send the following
information to the appropriate Ohio EPA district office not later than fourteen
days prior to mobilizing: (a) Certification that the owner or operator of the mobile
scrap tire recovery facility will locate the outside scrap tire handling area
or scrap tire storage areas to meet the setbacks detailed in paragraph (B) of
rule 3745-580-510 of the Administrative Code. (b) An estimate of the pre-existing scrap tires or
processed scrap tires on the project site in PTE using the conversion factors
in rule 3745-580-09 of the Administrative Code. (4) Additional
Information. For each project site to which the mobile scrap tire recovery
facility will mobilize, add the following project site specific information to
the fire contingency plan specified in rule 3745-580-501 of the Administrative
Code: (a) A list of names, addresses, and telephone numbers for
the following: (i) Local police and fire
departments. (ii) The board of
health. (iii) The local solid
waste management district. (iv) The Ohio EPA office
of emergency response. (v) The appropriate Ohio
EPA district office. (vi) Any local
contractors and emergency response teams. (b) A copy of written agreements with the local police and
fire departments, contractors, and local emergency response teams to coordinate
emergency services in the event of a fire at the mobile scrap tire recovery
facility. (B) Demobilization. The operator shall submit a
demobilization notice not later than fourteen days after leaving from a project
site to the entities listed in paragraph (A)(1) of this rule and that contains
the following information: (1) The name, business
address, and registration number of the mobile scrap tire recovery
facility. (2) A contact name, email
address, and telephone number for the mobile scrap tire recovery
facility. (3) The location or
address from which the mobile scrap tire recovery facility completed
operations. (4) The project
completion date. (5) A brief description
of the completed operations, including number of tires processed, if any scrap
tires or product was left at the project site, and any remedial actions
performed (i.e., solid or hazardous waste disposal, fire residual removal,
grading or seeding, etc.).
Last updated January 8, 2024 at 2:33 PM
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Rule 3745-580-510 | Operation of a mobile scrap tire recovery facility.
(A) The operator of a mobile scrap tire
recovery facility shall comply with the operational criteria specified in this
rule until the mobile scrap tire recovery facility is closed and the operator
of the mobile scrap tire recovery facility has received written concurrence
with the certification in accordance with rule 3745-580-525 of the
Administrative Code. [Comment: The owner or operator of a class I or
class II scrap tire recovery facility authorized to operate mobile scrap tire
recovery equipment is subject to this rule.] (B) The operator shall operate the mobile
scrap tire recovery facility as follows: (1) Obtain a valid
license prior to commencement of operations and annually thereafter in
accordance with Chapter 3745-501 of the Administrative Code. (2) In accordance with the terms and
conditions of the current registration certificate and the current license.
Unless otherwise authorized in writing by Ohio EPA, a copy of all authorizing
documents for the mobile scrap tire recovery facility including a copy of the
license shall be available at the business location of the mobile scrap tire
recovery facility. [Comment: Rule 3745-580-20 of the
Administrative Code establishes the requirements for the operator to receive
the director's approval prior to making changes to a facility including
administrative changes, alterations, variances, exemptions, and
modifications.] (3) In accordance with the requirements
of Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code and the
rules adopted thereunder. (4) In accordance with the record keeping
and reporting requirements contained in rule 3745-580-515 of the Administrative
Code. (5) In a manner that does not result in a
nuisance or health hazard. (6) Provide a mobilization and
demobilization notification as specified in rule 3745-580-504 of the
Administrative Code. (7) At any project site for a period not
to exceed thirty days, unless the operator requests additional time in writing
and receives written approval from Ohio EPA allowing the
extension. (8) Prior to license issuance, fund a
financial assurance instrument pursuant to rule 3745-503-05 of the
Administrative Code for the amount specified in rule 3745-580-22 of the
Administrative Code. (9) Maintain financial assurance in
accordance with rule 3745-580-22 of the Administrative Code. (10) Not accept additional scrap tires
onto the project site for processing, unless authorized by the
director. (11) Confine scrap tire handling to the
smallest practical area. (12) Prior to leaving the project site,
remove all handled whole or processed scrap tires unless the scrap tires will
be used for a preauthorized beneficial use or an authorized beneficial use in
accordance with rule 3745-580-801 or 3745-580-802 of the Administrative
Code. (13) Use only a
registered scrap tire transporter to haul scrap tires to locations authorized
in paragraph (A)(1) of rule 3745-580-110 of the Administrative
Code. [Comment: An operator may dispose of scrap
tires at a solid waste landfill facility if the operator is unable to process
the scrap tires due to the construction of the scrap tire, if the scrap tires
are contaminated with mud or other materials that render the tires unsuitable
for processing, if the scrap tires have been burned, or if the scrap tires
consist of pieces that are the byproduct of the processing of scrap tires.
Scrap tires that are unable to be processed due to construction of the scrap
tire may include but is not limited to aircraft tires and forklift
tires.] (14) The outside scrap
tire handling area or scrap tire storage area is not located within the
following at the project site: (a) One hundred feet from the property line and structures
not owned or leased by the property owner. (b) Twenty-five feet from the property line and structures
not owned or leased by the property owner for individual piles or portable
containers with five hundred scrap tires or less. (c) Two hundred feet from a stream, lake or
wetland. (C) Facility access management. The
operator shall manage access to the mobile scrap tire recovery facility at the
project site as follows: (1) Limit access to the
mobile scrap tire recovery facility equipment and scrap tire handling area by
unauthorized personnel except during operating hours when operating personnel
are present. (2) Prepare and maintain
a written plan that details what security measures shall be implemented to
protect the scrap tires from theft in the scrap tire handling area at the
project site. (3) Take all necessary
measures to prevent scavenging. (D) [Reserved] (E) Fire prevention and
response. (1) Storage. All whole,
cut, baled, rough shredded scrap tires, and processed scrap tire shreds handled
by the operator of the mobile scrap tire recovery facility shall be stored in a
manner that ensures the following: (a) Each scrap tire storage pile is no greater than two
thousand five hundred square feet in area, with a maximum length and width of
fifty feet. (b) A minimum distance of fifty feet from possible ignition
sources is maintained. (c) Scrap tire handling areas, storage areas, and fire
breaks are free of combustible materials and obstructions. (d) For inside storage, the following: (i) An aisle width
between scrap tire storage piles of at least eight feet. (ii) A clearance distance
of at least eighteen inches from the top of the scrap tire storage piles to
sprinkler deflectors. (iii) A clearance
distance of at least three feet from the top of the scrap tire storage piles to
roof structures. (iv) A clearance distance
of at least three feet from the top of the scrap tire storage piles to heaters,
ducts, and flues, or in accordance with the clearance distances recommended by
the equipment manufacturer if greater than three feet. (e) For outside storage, the following: (i) Scrap tires are not located under the
following: (a) Bridges. (b) Elevated trestles, roadways, or railroads. (c) Electrical power lines having a voltage in excess of
seven hundred fifty volts or that supply power to fire emergency
systems. (ii) Scrap tire storage
piles are no greater than eight feet high. (iii) Fire breaks meet
the specifications of rule 3745-580-07 of the Administrative Code. (2) Access. The operator of the mobile
scrap tire recovery facility shall ensure access to the project site for
emergency vehicles to and around the scrap tire handling areas at all
times. (3) Fire contingency plan. The operator
of the mobile scrap tire recovery facility shall prepare and implement a fire
contingency plan that conforms to the following: (a) Contains the information specified in rule 3745-580-501
of the Ohio Administrative Code, including the location of a working portable
fire extinguisher kept at the facility. (b) Is available for inspection by Ohio EPA during normal
operating hours. (c) Is updated annually or if there is a change to any
information contained in the contingency plan. (4) Fire response. If a fire occurs at
the project site where a mobile scrap tire recovery facility is operating, the
business owner or operator of the mobile scrap tire recovery facility shall
comply with rule 3745-580-30 of the Administrative Code. (F) Mosquito control. The operator of the
mobile scrap tire recovery facility shall employ the following measures to
control the breeding of mosquitoes for the scrap tires handled at the project
site: (1) For scrap tire storage areas, one of
the following measures: (a) Ensure at all times that scrap tires are free of water
to prevent mosquitoes and mosquito larvae habitat. (b) Apply a mosquito control pesticide registered with the
United States environmental protection agency and Ohio department of
agriculture to all scrap tires stored outdoors in accordance with the product
label specifications. (2) Maintain pesticide application
records at the mobile scrap tire recovery facility business location for a
period of three years that are available to the director or board of health
during normal operating hours and at a minimum include the
following: (a) The name of the pesticide and United States
environmental protection agency registration number. (b) The date and time of application. (c) The name of the person who applied the
pesticide. (d) The amount of pesticide used per tire or another
measurable quantity listed on the label. (G) Revocation. The director may revoke a registration
certificate issued under rule 3745-580-503 of the Administrative Code if the
director concludes at any time that any applicable laws have been or are likely
to be violated.
Last updated January 8, 2024 at 2:33 PM
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Rule 3745-580-515 | Record keeping and reporting requirements for a mobile scrap tire recovery facility.
(A) Record retention and availability.
The operator of the mobile scrap tire recovery facility shall do the
following: (1) Maintain records
specified in this rule for a period of at least three years at the business
location. (2) Have records
available for inspection by the approved board of health or Ohio EPA during
normal operating hours. (3) Upon request, submit
records to Ohio EPA or the approved board of health. (B) Log of operations. The operator of a mobile scrap tire
recovery facility shall maintain a daily log of operations for each day the
mobile scrap tire recovery facility is operating on forms prescribed by the
director or an alternative form, including electronic, that contains at a
minimum the following: (1) General information
including the mobile scrap tire recovery facility name, project site, location,
date, name of person completing the daily log of operations, and
signature. (2) If authorized by the
director, incoming scrap tire information including the date when load
received, unique vehicle number, general public or scrap tire transporter
registration ID or business name that delivered each load, any mosquito control
performed on the load, the amount of scrap tires and processed scrap tires in
the load, the types of scrap tires comprising the load, and the county or state
of origin. (3) Outgoing scrap tires
and processed scrap tire material information including the date the load left
the project site where the mobile scrap tire recovery facility is operating,
scrap tire transporter registration ID, business name or person removing load,
amount of scrap tires and processed scrap tire material in the load, the
authorized destination in accordance with rule 3745-580-110 of the
Administrative Code, and county or state where destination is
located. (4) Scrap tire load
refusal information. When the operator of a mobile scrap tire recovery facility
sends a load of scrap tires to a solid waste disposal facility from a project
site, include the date when the load was determined to not be processable and
therefore rejected, amount of scrap tires, the county or state of origin of the
rejected load, the hauler name and license plate number of the vehicle
transporting the rejected load, and the reason for rejecting the
load. (5) Details of any fire
that occurs at the project site where the mobile scrap tire recovery facility
is operating. (6) Results from the
daily inspection in accordance with rule 3745-580-510 of the Administrative
Code. (7) Any other information
specified by the director. (C) Annual report. Not later than January thirty-first of
each year, the operator of a mobile scrap tire recovery facility shall submit
an annual report to Ohio EPA that is based on the log of operations, prepared
on forms prescribed by the director, and includes the following
information: (1) If authorized by the
director, the total amount of scrap tires received from each registered scrap
tire transporter and from the public quantified in number, weight, or volume.
The operator of the mobile scrap tire recovery facility shall also include an
estimate of the percentage of the following types of scrap tires that were
received: (a) Passenger and light truck tires. (b) Semi-truck tires. (c) All other tires. (2) The total amount of
scrap tires and processed scrap tires, quantified in number, weight, or volume,
transported to the following locations: (a) Scrap tire storage facilities. (b) Scrap tire monofill facilities. (c) Scrap tire monocell facilities. (d) Scrap tire recovery facilities. (e) Other authorized facilities or premises. (3) The total amount of
scrap tires processed by the mobile scrap tire recovery facility, quantified in
number, weight, or volume. (4) For each project site
in the calendar year where the mobile scrap tire recovery facility operated,
provide the following information: (a) The amount of scrap
tires and processed scrap tires removed. (b) The amount of scrap
tires and processed scrap tires left at the project site along with a copy of
the applicable preauthorized scrap tire beneficial use pursuant to rule
3745-580-801 of the Administrative Code or approved beneficial use project
pursuant to rule 3745-580-803 of the Administrative Code. (5) Any changes to the information
identifying the mobile scrap tire recovery facility's closure contact
person and emergency contact person. (6) A certification statement and
signature in accordance with rule 3745-500-50 of the Administrative Code that
the information contained in the annual report is true and
accurate.
Last updated January 8, 2024 at 2:34 PM
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Rule 3745-580-525 | Closure of a mobile scrap tire recovery facility.
(A) The operator of a mobile scrap tire
recovery facility shall conduct closure if any of the following
occur: (1) The operator of the
mobile scrap tire recovery facility declares in writing to Ohio EPA that the
mobile scrap tire recovery facility will permanently cease
operation. (2) A license issued to
the mobile scrap tire recovery facility has expired and a renewal license has
not been applied for in the manner prescribed in Chapter 3745-501 of the
Administrative Code. (3) A mobile scrap tire
recovery facility license has expired and another license has been applied for
and denied as a final action of the licensing authority. (4) A mobile scrap tire
recovery facility license has been revoked as a final action of the licensing
authority. (5) A mobile scrap tire
recovery facility registration certificate has been revoked as a final action
of the director. (B) Closure notification requirements.
Not later than thirty days after closure is triggered in accordance with
paragraph (A) of this rule, the operator of the mobile scrap tire recovery
facility shall complete the following closure activities: (1) Notify all customers
by certified mail or any other form of mail accompanied by a receipt that the
mobile scrap tire recovery facility is no longer operating. (2) Submit a closure notification that
includes the mobile scrap tire recovery facility's closure contact
person's name, address, and telephone number to the following entities:
(a) The board of health. (b) The appropriate Ohio EPA district office for the county
in which the facility is located. (3) Submit to Ohio EPA a final annual
report that includes the information specified in rule 3745-580-515 of the
Administrative Code. (C) Closure certification. Not later than
thirty days after completing the closure requirements contained in paragraph
(B) of this rule, the operator of the mobile scrap tire recovery facility shall
submit a written closure certification to Ohio EPA stating that the
specifications paragraph (B) have been met and request that the director
release financial assurance in accordance with rule 3745-503-05 of the
Administrative Code. (D) Closure of the mobile scrap tire
recovery facility shall be deemed complete when the operator receives written
concurrence with the closure certification from Ohio EPA.
Last updated January 8, 2024 at 2:35 PM
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Rule 3745-580-600 | Requirements for a scrap tire monocell facility.
(A) An owner or operator of the following
facilities may establish a scrap tire monocell facility within the limits of
waste placement of the facility previously delineated in the applicable
authorizing documents or as proposed in an application for a permit to
install: (1) A solid waste
landfill subject to Chapter 3745-27 of the Administrative Code. (2) An industrial
landfill facility subject to Chapter 3745-30 of the Administrative Code
provided the scrap tires to be received at the facility are "industrial or
manufacturing waste" as defined in rule 3745-30-01 of the Administrative
Code. (B) Permit to install. The owner or
operator shall submit an application for a permit to install as specified in
section 3734.77 of the Revised Code for approval by the director prior to the
establishment or modification of a scrap tire monocell facility in accordance
with the following: (1) For a scrap tire
monocell facility located in a solid waste landfill, Chapter 3745-27 of the
Administrative Code. (2) For a scrap tire
monocell facility located in an industrial landfill facility, Chapter 3745-30
of the Administrative Code. (C) Other requirements. The owner or operator of a scrap
tire monocell facility shall establish and fund financial assurance, operate,
conduct closure, and conduct post-closure care in accordance with Chapter
3745-27 or 3745-30, as applicable, except as follows: (1) The owner or operator may comply with
the operational specifications contained in paragraphs (D) to (F) of rule
3745-580-710 of the Administrative Code in lieu of compliance with the
equivalent provisions contained in rule 3745-27-19 or 3745-30-14 of the
Administrative Code, as applicable. (2) The owner or operator is subject to
the annual operational report and annual facility report specifications
contained in rule 3745-580-715 of the Administrative Code. (D) License. The scrap tire monocell facility license shall
be renewed annually by the owner or operator pursuant to Chapter 3745-501 of
the Administrative Code.
Last updated January 8, 2024 at 2:36 PM
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Rule 3745-580-700 | Establishment and modification of a scrap tire monofill facility.
(A) No person shall establish a scrap
tire monofill facility without first obtaining a permit to install prior to the
construction or modification of the scrap tire monofill facility. Submitting a
permit to install application in accordance with rule 3745-580-701 of the
Administrative Code does not exempt any person from compliance with any other
permit, license, or other obligation for authorization. (B) Concurrent to submitting an
application for a permit to install in accordance with rule 3745-580-701 of the
Administrative Code, the applicant shall also do the following: (1) For new facilities,
apply for a license in accordance with Chapter 3745-501 of the Administrative
Code. (2) Submit to Ohio EPA
division of air pollution control and the division of surface water written
notification of intent to establish or modify a scrap tire monofill facility
and a written request for information pertaining to any regulatory requirements
under Chapter 3704. or 6111. of the Revised Code. (3) Mail letters of
intent to establish or modify a scrap tire monofill facility including a
description of the facility by certified mail or any other form of mail
accompanied by a receipt to the following entities: (a) The governments of the general purpose political
subdivisions where the scrap tire monofill facility is located, including but
not limited to, county commissioner, legislative authority of a municipal
corporation, or the board of township trustees. (b) The single county or joint county solid waste
management district or regional solid waste management authority where the
facility is located or that is served by the facility. (c) The owner or lessee of any easement or right-of-way
bordering or within the proposed facility boundaries that may be affected by
the proposed scrap tire monofill facility. (d) The local zoning authority having jurisdiction, if
any. (e) The park system administrator, if any part of the scrap
tire monofill facility is located within or shares the park
boundary. (f) The conservancy district, if any part of the scrap tire
monofill facility is located within or shares the conservancy district
boundary.
Last updated January 8, 2024 at 2:36 PM
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Rule 3745-580-701 | Application for a scrap tire monofill facility permit to install.
(A) Permit to install
application. (1) A permit to install
application shall contain the information specified in paragraphs (B) to (D) of
this rule, as applicable, including a certification statement and signature in
accordance with rule 3745-500-50 of the Administrative Code, so that the
director can determine if the criteria set forth in rules 3745-27-02 and
3745-580-703 of the Administrative Code are satisfied. If Ohio EPA determines
that additional information is necessary to determine whether the criteria set
forth in rules 3745-27-02 and 3745-580-703 of the Administrative Code are
satisfied, the applicant shall supply such information as a precondition to
further consideration of the permit to install application. (a) A permit to install application for a new scrap tire
monofill facility, to modify a scrap tire monofill for a lateral expansion, or
a permit to install application that is submitted in response to division (B)
of section 3734.77 of the Revised Code shall contain the information specified
in paragraphs (B) and (C) of this rule with the exception of paragraph
(B)(5)(c) of this rule. (b) A permit to install application to modify a scrap tire
monofill facility for a vertical expansion to the upper limits of scrap tire
placement shall contain the following information: (i) The plan sheets
specified in paragraphs (B)(1), (B)(2), (B)(3)(f), (B)(4), (B)(5) and (B)(6) of
this rule. (ii) Detail drawings, as
necessary, specified in paragraph (B)(7) of this rule. (iii) The reports
specified in paragraphs (C)(1), (C)(2) and (C)(6) of this rule. (iv) The subsurface
investigation report, as necessary to provide supporting information for the
stability analysis, specified in paragraph (C)(3) of this rule. (v) Stability analysis
for bearing capacity, static stability, seismic stability, and settlement
specified in paragraphs (C)(4)(b) to (C)(4)(e) of this rule. (vi) Calculations, as
necessary, specified in paragraph (C)(5) of this rule. (vii) The quality
assurance/quality control and the final closure/post-closure care plans
specified in paragraph (C)(8) of this rule. (viii) The letters and
list of permits specified in paragraphs (C)(9)(a) and (C)(9)(b) of this
rule. (c) A permit to install application to modify a scrap tire
monofill facility for a vertical expansion to the lower limits of waste
placement shall contain the following information: (i) The plan sheets
specified in paragraphs (B)(1) to (B)(6) of this rule. (ii) Detail drawings, as
necessary, specified in paragraph (B)(7) of this rule. (iii) The reports
specified in paragraphs (C)(1) to (C)(3) and (C)(6) of this rule. (iv) Stability analysis
for hydrostatic uplift, bearing capacity, static stability, seismic stability,
settlement, and piping failure specified in paragraphs (C)(4)(a) to (C)(4)(f)
of this rule. (v) Calculations, as
necessary, specified in paragraph (C)(5) of this rule. (vi) The quality
assurance/quality control plan, as necessary, specified in paragraph (C)(8)(a)
of this rule. (vii) The letters and
list of permits specified in paragraphs (C)(9)(a) and (C)(9)(b) of this
rule. (d) A permit to install application to modify a scrap tire
monofill facility for a change to the information specified in paragraph (C)(7)
of this rule shall discuss the change pursuant to paragraph (C)(7) of this rule
in addition to the following: (i) The summary specified
in paragraph (C)(1) of this rule. (ii) Any variance or
exemption requests specified in paragraph (C)(2) of this rule. (iii) If the change is to
the authorized maximum daily waste receipt, the calculations showing gross
volume and life specified in paragraph (C)(5)(a) of this rule. (e) A permit to install application to modify a scrap tire
monofill facility, other than what is listed in paragraphs (A)(1)(b) to
(A)(1)(d) of this rule, shall contain the information specified by paragraphs
(B) and (C) of this rule that are affected by the change and incorporate any
alterations that were previously approved for those components affected by the
change. (f) A permit to install application for a scrap tire
submergence facility shall contain the following information: (i) The plan sheets
specified in paragraphs (B)(1) to (B)(3) and (B)(6) of this rule. (ii) Plan drawings
specified in paragraphs (B)(4)(a), (B)(4)(b), and (B)(4)(f) of this
rule. (iii) Cross sections
specified in paragraphs (B)(5)(a)(i), (B)(5)(a)(ii), and (B)(5)(b) of this
rule. (iv) Detail drawings
specified in paragraphs (B)(7)(a) and (B)(7)(f) of this rule. (v) The reports specified
in paragraphs (C)(1) to (C)(4), (C)(6), (C)(8), and (C)(9) of this
rule. (vi) With the exception
of paragraphs (C)(5)(d) and (C)(5)(k) of this rule, the calculations in
paragraph (C)(5) of this rule. (vii) Operational
information specified in paragraphs (C)(7)(a) and (C)(7)(b) of this
rule. (2) A permit to install
application shall contain detail engineering plans, specifications, and
information that follows the format specified in paragraphs (B) and (C) of this
rule with sufficient detail to allow clear understanding for technical review
of the permit application and to provide assurance that the facility is
designed and will be operated in accordance with this chapter and Chapter
3745-501 of the Administrative Code. (3) When publicly
available information is specified in this rule, the applicant may use written
or published information from public or private sources that is reasonably
available to the public and includes but is not limited to visual surveys from
public rights-of-way and public lands of the area surrounding the proposed
scrap tire monofill facility or written or oral surveys of the landowners
around the proposed scrap tire monofill facility. [Comment: As long as the applicant can document
that a reasonable attempt was made to obtain the information, the application
will be considered complete even if information is lacking, such as a lack of
response to the written or oral survey.] (4) All engineering
information included in the permit to install application shall be signed and
sealed by a professional engineer. (5) For regulatory review purposes, the
applicant shall submit the initial application and any subsequent revisions in
duplicate to Ohio EPA with a third copy sent to the licensing authority that
includes an index listing the change and the page where the change occurred, as
applicable. Upon written request from Ohio EPA, the applicant shall submit two
additional and identically complete copies of the revised application to Ohio
EPA. (6) Concurrent to submitting the permit
to install application, the applicant shall do the following: (a) Submit a disclosure statement to the office of the
attorney general as specified in rules 109:6-1-01 to 109:6-1-04 of the
Administrative Code. (b) Submit to the division of Ohio EPA regulating air
pollution control and water pollution control written notification of intent to
establish or modify a scrap tire monofill facility and a written request for
information pertaining to any regulatory requirements under Chapters 3704. and
6111. of the Revised Code. (7) The permit to install application,
notwithstanding any deficiencies, may be considered and acted upon if
sufficient information is provided in the application for the director to
determine whether the criteria set forth in rules 3745-27-02 and 3745-580-703
of the Administrative Code are satisfied. (8) Upon issuance of the permit to
install, Ohio EPA will send one copy of the permit to install and approved
permit application to the licensing authority, will return one copy to the
applicant, and will retain two copies in Ohio EPA's files. (9) The permit to install remains in
effect until the director has discontinued the post-closure care period of the
scrap tire monofill facility unless the permit has been revoked or terminated
in accordance with rules 3745-500-330 and 3745-500-350 of the Administrative
Code. (B) Plan sheets. The following detail
engineering plans, specifications, and information for a scrap tire monofill
facility shall be shown by means of drawings and narrative descriptions where
appropriate, with minimum dimensions of twenty-four inches by thirty-six
inches: (1) The detail
engineering plan cover sheet, to be numbered sheet 1, that contains the
following information: (a) The name of the scrap tire monofill
facility. (b) The precise geographic location and boundaries of the
scrap tire monofill facility and the area within a five-mile radius shown on a
road map with a scale of one inch equals no greater than one mile. (c) The name, email address, and address of the permit to
install applicant for the scrap tire monofill facility. (d) The name, email address, and address of the owner and
operator of the scrap tire monofill facility, if different from the
applicant. (e) The name, email address, and address of the person who
prepared the plans. (f) Index of plan sheets. (2) Plan drawings showing
items located within the facility boundary or within one thousand feet of the
limits of waste placement or as otherwise specified in this paragraph, and any
temporary scrap tire storage areas, on a series of plan sheets numbered
consecutively 2A, 2B, 2C, etc. All items specified in an individual subheading
shall be shown on the same plan drawing or include a note on the plan sheet
stating the item does not exist within the specified distance of the limits of
waste placement with a scale of one inch equals no greater than two hundred
feet. An individual plan drawing may contain information specified in more than
one individual subheading. The plan drawings shall contain at a minimum the
following: (a) Plan drawings that include the following: (i) The property lines of
land owned or leased for the scrap tire monofill facility as determined by a
property survey conducted by a professional surveyor registered in
Ohio. (ii) The limits of waste
placement and any temporary scrap tire storage area. (iii) Existing topography
showing streams, lakes, wetlands, springs, and other surface waters, with a
contour interval no greater than five feet. (iv) The north
arrow. (v) The location of
survey marks. (vi) The facility
boundary. (b) The following based on publicly available
information: (i) Zoning
classifications, property owners, and political subdivisions. (ii) The limits of any
aquifers declared by the federal government under the "Safe Drinking Water
Act," 88 Stat. 1660, 42 U.S.C. 300f, to be a sole source
aquifer. (iii) The limits of any
regulatory floodplains. (iv) A national park or
recreation areas, candidate areas for potential inclusion into the national
park system, and any state park or established state park purchase
area. (v) 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, outstanding national resource waters, and exceptional
coldwater habitats or exceptional warmwater habitats as defined in Chapter
3745-1 of the Administrative Code. (vi) Public and private
water supply wells within two thousand feet of the limits of waste placement. A
scale insert may be used if necessary. (vii) The limits of any
drinking water source protection areas for public water systems using ground
water that have been endorsed or delineated by Ohio EPA for a public water
supply. (viii) Surface and
underground mining of coal and non-coal minerals and the angle of draw within
two thousand feet of the limits of waste placement using a scale insert if
necessary, and any oil and gas wells. (ix) Domiciles within
five hundred feet of the limits of waste placement or the temporary scrap tire
storage area. (x) Faults that have had
displacement in Holocene time. (c) The limits of disturbance and the facility boundary.
The limits of disturbance include but are not limited to the limits of
excavation, borrow areas, storage areas, staging areas, areas to be cleared and
grubbed, and roadways. (3) Plan drawings showing
items located within three hundred feet of the limits of waste placement and
any temporary scrap tire storage areas on a series of plan sheets numbered
consecutively 3A, 3B, 3C, etc. Each plan drawing shall include the items
specified in paragraph (B)(2)(a) of this rule and show all items specified in
an individual subheading on the same plan drawing unless specified otherwise
with a scale of one inch equals no greater than two hundred feet. An individual
plan drawing may contain information specified in more than one individual
subheading. The plan drawings shall include at a minimum the
following: (a) The location of existing or proposed pipes and
conduits, electric lines, french drains, roads, and railroads, and any
easements bordering or within the proposed facility boundaries. (b) The location of subsurface investigation sites, which
are any location where subsurface conditions are investigated by data
collection or evaluation, including but not limited to borings, test pits,
monitoring wells, piezometers, tensiometers, geophysical survey stations and
soil gas survey stations. (c) Potentiometric maps of the uppermost aquifer system and
significant zones of saturation above the uppermost aquifer system. More than
one plan sheet may be used. (d) The location of any permanent ground water control
structures. (e) A diagram showing the phases of the scrap tire
facility. (f) The land set aside for leachate treatment or
pretreatment facilities if specified in paragraphs (J)(6) and (J)(7) of rule
3745-580-710 of the Administrative Code. (g) The location of surface waters. (4) Plan drawings for the
entire scrap tire monofill facility on plan sheets numbered consecutively 4A,
4B, 4C, etc. with scale of one inch equals no greater than two hundred feet and
contour intervals of no greater than five feet for slopes less than or equal to
twenty-five per cent and ten feet for slopes greater than twenty-five per cent.
The plan drawings shall show the boundaries and elevation and include the
following: (a) The horizontal and vertical limits of excavation
proposed in the permit to install application, including any areas where added
geologic material is necessary to comply with the isolation distance
requirement in rule 3745-580-703 of the Administrative Code. (b) The horizontal limits and top and bottom elevations of
the recompacted soil liner proposed in the permit to install
application. (c) The top elevation of the leachate collection layer,
pipe inverts, and layout of the leachate collection and management system,
including any leachate storage structures and leachate lift stations proposed
in the permit to install application. (d) The horizontal limits and top and bottom elevations of
existing waste and waste placement proposed in the permit to install
application. Limits and elevations of existing waste may be determined by
surveys. (e) The horizontal limits and top and bottom elevations of
the composite cap system, the surface water control structures including
permanent ditches to control run-on and runoff and sedimentation ponds showing
the inlet and outlet, and any permanent ground water control structures
proposed in the permit to install application. (f) An established grid system with northings and eastings
not more than five hundred feet apart. (5) Cross sections on
plan sheets numbered consecutively 5A, 5B, 5C, etc. that clearly show the
horizontal and vertical scale used and include the following: (a) The hydrogeology of the scrap tire monofill facility
intercepted by borings or other subsurface investigation methods that show the
following: (i) Existing
topography. (ii) The horizontal and
vertical limits of excavation proposed in the permit to install
application. (iii) The horizontal
limits and top and bottom elevations of any added geologic
material. (iv) The horizontal
limits and bottom elevations of the recompacted soil liner. (v) The horizontal
limits, bottom elevations, and potential surface water inlet elevations of any
subsurface leachate storage structures or leachate lift stations. (vi) Geologic
stratigraphy and significant zones of saturation corresponding to information
from the subsurface investigation. (vii) The uppermost
aquifer system and saturated stratigraphic units above the uppermost aquifer
system. (viii) Subsurface
investigation logs, monitoring well construction diagrams, and piezometer
construction diagrams intercepted by the cross-section. (ix) Any permanent ground
water control structures. (b) The length and width of the scrap tire monofill
facility dividing the scrap tire monofill facility into quarters (i.e. three
cross-sections in each direction) showing the following: (i) Existing
topography. (ii) The proposed
horizontal and vertical limits of excavation. (iii) The horizontal
limits, top elevations, and bottom elevations of existing waste and proposed
areas of waste placement and any temporary scrap tire storage
area. (iv) The horizontal
limits, top elevations, and bottom elevations of the proposed composite cap
system. (c) If the permit to install application is for a vertical
expansion, the following at an interval no greater than every three hundred
feet of length and width of the vertical expansion: [Comment: Additional cross-sections may be
submitted.] (i) Limits of existing
waste with the date of the survey. (ii) Approved and
proposed limits of waste placement. (6) Plan drawings showing
the systematic development of each phase of the scrap tire monofill facility on
plan sheets numbered consecutively 6A, 6B, 6C, etc. showing the phase,
previously operated phases, the grid system established in accordance with
paragraph (B)(4)(f) of this rule, and the following: (a) The location of any leachate collection and management
structures or surface water control structures to be installed prior to
accepting waste in the depicted phase. (b) The extent of waste placement for that
phase. (c) The contours of any previously filled
phases. (d) The limits of final cover, transitional cover, and
intermediate cover on the previously filled phases. (e) The contours of the bottom limits of waste placement
for the depicted phase. (f) The location of access roads for the depicted
phase. (g) The permanent and temporary measures to be utilized to
control surface water run-on and runoff, and erosion. (7) The following detail
drawings on plan sheets numbered consecutively 7A, 7B, 7C, etc.: (a) Recompacted soil liner, and any of the following if
applicable, the flexible membrane liner, geosynthetic clay liner, liner cushion
layer, leachate collection layer, and filter layer including any engineered
components that are constructed through the composite liner system, and the
interface between phases. (b) Composite cap system, including any engineered
components that are constructed through the composite cap system, and surface
water control structures. (c) As applicable, the relationship of the composite cap
system to the leachate collection and management system, and recompacted soil
liner, flexible membrane liner, and geosynthetic clay liner. (d) Leachate collection and management system elements
including but not limited to the following: (i) Leachate collection
layer. (ii) Collection pipes,
including bedding media and boots. (iii) Filter
layer. (iv) Sumps. (v) Conveyance apparatus,
including leachate lift stations. (vi) Storage
tanks. (e) Permanent ground water control structures, if
applicable. (f) Sedimentation pond and discharge structures and surface
water run-on and runoff control structures. (g) Other necessary details including but not limited to
structural fill for berms and subbase, and transitional cover. (C) Reports. The following information
shall be presented in narrative form in a report with a table of contents and
divided and labeled according to paragraphs (C)(1) to (C)(9) of this
rule: (1) Summary. A summary of
the facility environs and a demonstration that the scrap tire monofill facility
will meet the criteria for permit approval specified in rules 3745-27-02 and
3745-580-703 of the Administrative Code that includes a discussion of the
current and previous owners', and current or previous operators'
compliance with any authorizing document applicable to the facility, the
facility's limits of waste placement and any temporary scrap tire storage
areas, and operational criteria. (2) Variance and
exemption requests. Any variance or exemption requests from the requirements
contained in rule 3745-27-15, 3745-27-16, 3745-580-703, 3745-580-705,
3745-580-710, 3745-580-725, 3745-580-726, or 3745-580-31 of the Administrative
Code. (3) Site investigation. A
hydrogeologic and geotechnical site investigation report that includes at a
minimum the following: (a) Sufficient information to allow the director to
determine the suitability of the site for scrap tire disposal through the
following: (i) Identification and
characterization of the hydrogeology of the uppermost aquifer system and
stratigraphic units that exist above the uppermost aquifer system. (ii) Characterization of
the site geology and hydrogeology to allow for the evaluation of the proposed
design of the scrap tire monofill facility and to ensure that it will be in
compliance with the requirements of paragraph (C)(4) of this rule. [Comment: The narrative portion of the
hydrogeologic and geotechnical report focuses on the siting and ground water
monitoring issues. The subsurface investigation portion of the report also
addresses stability and design issues.] (b) A description, based on publicly available information,
of the regional geology and hydrogeology within one mile of the proposed scrap
tire monofill facility that a minimum includes the following: [Comment: Publicly available information
regarding unstable areas is placed in a separate section located in the
stability analysis in paragraph (C)(4) of this rule.] (i) The identification
and average yield of the regional aquifer system. (ii) The direction of
ground water flow in the regional aquifer system. (iii) The identification
of recharge and discharge areas, within one mile of the limits of waste
placement, of the regional aquifer system. (iv) Regional
stratigraphy, including any regional stratigraphic or structural features, such
as the bedrock surface, bedrock dip, or joint systems, that may influence the
ground water flow system. (v) A description of the
regional geomorphology, including the location of surface water bodies, flood
plains, etc. and a description of any topographic features that may influence
the ground water flow system. (c) The following documents: (i) If any surface or
underground mines were identified in accordance with paragraph (B)(2)(b)(viii)
of this rule, a letter from the Ohio department of natural resources division
of mineral resource management or other appropriate agency verifying the type,
mining method, location, depth, and status of the mine. (ii) Documentation of who
owns the mineral rights below the scrap tire monofill facility. (iii) If any oil or gas
wells were identified in accordance with paragraph (B)(2)(b)(viii) of this
rule, a letter from the Ohio department of natural resources division of
mineral resources management or other appropriate agency verifying the type,
location, depth and status of the well. (iv) A letter from the
United States army corps of engineers agreeing with the wetland delineation,
depicted on the plan drawing with the information pursuant to paragraph
(B)(2)(a)(iii) of this rule, including confirmation of any isolated wetlands or
if no wetlands are present. (d) A detailed description and analysis of the geology and
hydrogeology under the proposed scrap tire monofill facility based on data
collected using appropriate subsurface investigatory methods such as borings,
test pits, monitoring wells, piezometers, tensiometers, geophysical surveys,
dutch cone penetrometers, and soil gas surveys. At a minimum, the description
and analysis shall include the following: [Comment: This information may also be used
in the stability analysis specified in paragraph (C)(4) of this rule.] (i) The consolidated and
unconsolidated stratigraphic units from the ground surface down to the base of
the uppermost aquifer system including the following: (a) The following
characteristics, composition and features: (i) For unconsolidated
stratigraphic units, the textural classification in accordance with ASTM
D2487. (ii) For consolidated
stratigraphic units, the rock type such as limestone, dolomite, coal, shale,
siltstone, or sandstone. (iii) Color. (iv) Moisture
content. (v) Stratigraphic
features such as layering, interbedding, or weathering. (vi) Structural features
such as fracturing or jointing. (vii) Visible accessory
minerals such as pyrite, calcite, or gypsum (viii) Hydraulic conductivity. (b) Thickness. (c) Lateral
extent. (d) Depth and
elevation. (e) Variations in
texture, saturation, stratigraphy, structure, or mineralogy exhibited by each
stratigraphic unit that could influence the ground water flow or quality in the
uppermost aquifer system or any overlying zones of saturation. (ii) The local
geomorphology at the proposed scrap tire monofill facility including surface
water bodies or topographic features that could influence the ground water flow
or quality in the uppermost aquifer system or any overlying zones of
saturation. (iii) Any local
structural geology features under the proposed scrap tire monofill facility
that could influence the ground water flow or quality in the uppermost aquifer
system or any overlying zones of saturation. (iv) The uppermost
aquifer system and significant zones of saturation above the uppermost aquifer
system including the depth to, and lateral and vertical extent of, the
uppermost aquifer system and significant zones of saturation above the
uppermost aquifer system that includes but is not limited to the
following: (a) Temporal fluctuations
in ground water levels over a period of time to determine the seasonal effects
on ground water flow directions. (b) Using both narrative
and map forms, an interpretation of the ground water flow system, including
hydraulic conductivity, rate of flow, direction of flow, vertical and lateral
components of flow, and interconnections between and within the uppermost
aquifer system and any significant zones of saturation above the uppermost
aquifer system. (c) Identification and
characterization of recharge and discharge areas within the boundaries of the
proposed scrap tire monofill facility including any relationships of ground
water with seeps, springs, streams, and other surface water
features. (d) Yield of any
significant zones of saturation and of the uppermost aquifer
system. (v) If the applicant
chooses, a site specific justification based on evidence gathered in accordance
with paragraph (C)(3)(b) of this rule, that an unconsolidated aquifer system
capable of sustaining a yield of one hundred gallons per minute for a
twenty-four-hour period is not located beneath the facility. (e) Subsurface investigation information used to prepare
the site investigation report narrative in accordance with paragraphs (C)(3)(b)
and (C)(3)(d) of this rule and the stability analyses in accordance with
paragraph (C)(4) of this rule. The submitted information shall be adequate to
satisfy the performance standards of paragraphs (C)(3)(a) and (C)(4) of this
rule. At a minimum the information shall include the following: [Comment: The narrative portion of the
hydrogeologic and geotechnical report focuses on the siting and ground water
monitoring issues. The subsurface investigation portion of the report also
address stability and design issues.] (i) Publicly available
information collected and used to prepare the site investigation report
narrative in accordance with paragraph (C)(3)(b) of this rule and the plan
sheets specified in paragraph (B)(2) of this rule. At a minimum, publicly
available information includes the following: (a) Well logs and, where
applicable, the decommissioning records for public and private water supply
wells within one mile of the proposed scrap tire monofill
facility. (b) The Ohio department
of natural resources county ground water resource maps or other appropriate
regional hydrogeological data. (c) Other publicly
available information. (ii) Information
collected at the site for each stratigraphic unit from the surface to the
bottom of the uppermost aquifer system or to one hundred and fifty feet below
the proposed liner system, whichever is shallower. The information shall be
used to prepare the site investigation report narrative as specified in
paragraph (C)(3)(d) of this rule, be presented on logs appropriate for the
subsurface investigatory method used, and at a minimum include the
following: [Comment: The subsurface investigation
conducted to provide the information in accordance with this paragraph may be
combined with the subsurface investigation conducted to provide the information
specified in paragraph (C)(3)(e)(v) of this rule.] (a) The northing and
easting location coordinates of the subsurface investigation site. (b) Surface elevation
surveyed to the nearest tenth of a foot. (c) Depth interval for
each stratigraphic unit. (d) Field descriptions of
the consolidated and unconsolidated units including the following: (i) Textural
classification for each unconsolidated stratigraphic unit in accordance with
ASTM D2487. (ii) Color. (iii) Moisture
content. (iv) Stratigraphic
features such as layering, interbedding, or weathering. (v) Structural features
such as fracturing or jointing. (vi) Visible accessory
minerals such as pyrite, calcite or gypsum. (vii) Rock type such as
limestone, dolomite, coal, shale, siltstone or sandstone. (viii) Thickness. (ix) Variations in
texture, saturation, stratigraphy, structure or mineralogy in each
stratigraphic unit. (e) Depth to
saturation. (f) Hydraulic
conductivity, including the following: (i) For saturated
unconsolidated stratigraphic units, at least one field measurement of hydraulic
conductivity per saturated unconsolidated unit and one additional measurement
per saturated unconsolidated unit for each twenty acres. (ii) For unconsolidated
stratigraphic units, from which an undisturbed sample can be collected, at
least one laboratory measurement of vertical hydraulic conductivity per
unconsolidated unit and one additional measurement per unconsolidated unit for
each twenty acres. (iii) For saturated
consolidated stratigraphic units, at least one field measurement of hydraulic
conductivity per saturated consolidated unit and one additional measurement per
saturated consolidated unit for each twenty acres. [Comment: Most field methods for
measuring hydraulic conductivity primarily evaluate lateral hydraulic
conductivity, but also account for at least some effects of vertical hydraulic
conductivity over the tested interval. In cases where laboratory measurements
of vertical hydraulic conductivity are obtained for unconsolidated saturated
units which are wholly or partially saturated, the vertical hydraulic
conductivity should be compared to the field hydraulic conductivity to help
evaluate the extent to which near-vertical fractures may be contributing to
ground water flow through the unit. Hydraulic conductivity data should be
interpreted with respect to the primary and secondary porosity features that
are observed or are reasonably expected to occur in the investigated units, as
well as the stratigraphic and structural features of the investigated
units.] (g) Yield of any
significant zones of saturation and of the uppermost aquifer. (h) If an unconsolidated
aquifer system capable of sustaining a yield of one hundred gallons per minute
for a twenty-four-hour period is suspected beneath the facility based on
evidence gathered in accordance with paragraph (C)(3)(b) of this rule, and the
applicant proposes to revise that finding, adequate site-specific information
on the suspected aquifer system to justify any requested revision including but
not limited to the yield of any aquifer systems below the uppermost aquifer
system. (iii) A construction
diagram of each monitoring well and piezometer that at a minimum includes the
following: (a) The top-of-casing
elevation used for water level measurement reference surveyed to the nearest
hundredth of a foot. (b) The boring diameter
and the inside diameter of the well casing. (c) The total depth of
the boring and the total depth of the well. (d) The screened interval
depth and elevation, and the screen slot size. (e) A description of
construction materials and depth intervals for construction
materials. (iv) Information
collected at the site and used to prepare the stability analysis specified in
paragraph (C)(4) of this rule presented on logs appropriate for the subsurface
investigatory method used. The subsurface investigatory method and frequency
shall be adequate to find the unconsolidated stratigraphic units susceptible to
bearing capacity failure, static stability failure, seismic stability failure,
or settlement at the site. The information shall be collected for each
unconsolidated stratigraphic unit under the facility down to fifty feet below
the proposed depths of excavation and at a minimum include the
following: [Comment: Ohio EPA recommends a frequency
of one subsurface investigatory site for every four acres on a more or less
uniform grid across the site. However, for sites that are located in areas
where landslides or mass movements of unconsolidated material have occurred, or
are underlain by complex geology with multiple unconsolidated stratigraphic
units, more borings may be necessary pursuant to paragraph (A)(1) of this rule.
Sites that are located in areas with a consistent stratigraphy, which is
supported by comprehensive and reliable information from previous studies, may
use a lower frequency of borings. Ohio EPA recommends against boring through
cap, existing waste, or liner to obtain this information. Other methods or
increased borings around the landfill footprint should be used.] [Comment: Given the objective of finding
thin unconsolidated stratigraphic units susceptible to bearing capacity
failure, static stability failure, seismic stability failure, or settlement,
the unconsolidated stratigraphic units should be logged continuously, and the
subsurface investigation may also need to go deeper if publicly available data
gathered pursuant to paragraph (C)(4)(g) of this rule or if field data gathered
pursuant to paragraph (C)(3)(d)(i) of this rule indicate that deeper
susceptible units exist.] [Comment: The subsurface investigation
conducted to provide the information specified in this paragraph may be
combined with the subsurface investigation conducted to provide the information
specified in paragraph (C)(3)(e)(ii) of this rule.] (a) Northing and easting
location coordinates. (b) Surface elevation
surveyed to the nearest tenth of a foot. (c) Depth interval for
each stratigraphic unit. (d) Field descriptions of
the unconsolidated units that at a minimum include the following: (i) Textural
classification for each unconsolidated stratigraphic unit in accordance with
ASTM D2487. (ii) Color. (iii) Moisture
content. (iv) Stratigraphic
features such as layering, interbedding, or weathering. (v) For fine-grained
unconsolidated units, field descriptions of consistency and plasticity or
dilatancy. (vi) Thickness. (vii) Variations in
texture, saturation, stratigraphy, structure or mineralogy in each
stratigraphic unit. (e) Identification of the
depth interval of any samples collected including those submitted for
laboratory testing. (f) Depth to phreatic and
piezometric surfaces. [Comment: "Phreatic surface" is
synonymous with the term "water table" and "piezometric
surface" is synonymous with the term "potentiometric surface."
Hydrogeologic investigations generally use "water table" for a water
level surface in an unconfined saturated unit and "potentiometric
surface" for the pressure head surface associated with a confined
saturated unit. In hydrogeologic applications, the "water table" is
considered a special type of potentiometric surface where the head pressure is
equal to atmospheric pressure.] [Comment: Any piezometric surfaces
associated with bedrock that may affect the facility during excavation or
construction may also be identified.] (g) Results from
penetration testing in accordance with ASTM D1586, plus the corrected and
normalized standard penetration number or results from mechanical cone
penetration testing in accordance with ASTM D3441. (v) Laboratory analysis
on representative samples of each unconsolidated stratigraphic unit under the
facility down to a minimum of fifty feet below the proposed depths of
excavation. The information shall be used to prepare the stability analysis
specified in paragraph (C)(4) of this rule and at a minimum include the
following: [Comment: Undisturbed samples from at least
ten per cent of the borings passing through each susceptible unit or a minimum
of three, whichever is greater, should be collected to provide representative
data.] (a) Grain size
distribution. (b) Atterberg
limits. (c) Specific
gravity. (d) In situ unit
weight. (e) In situ moisture
content. (f) Dry unit
weight. (g) For unconsolidated
stratigraphic units susceptible to bearing capacity failure, the effective
drained or undrained peak shear strength parameters as appropriate in
accordance with ASTM D2850 or ASTM D6467. (h) For unconsolidated
stratigraphic units susceptible to static stability failure or seismic
stability failure, the effective shear strength in accordance with ASTM D4767
or ASTM D6467. (i) For unconsolidated
stratigraphic units susceptible to static stability failure or seismic
stability failure due to excessive increase in pore pressures from construction
and operation activities, the undrained shear strength using fully saturated
samples determined in accordance with ASTM D2850. (j) For unconsolidated
stratigraphic units susceptible to settlement, the following
parameters: (i) The coefficient of
consolidation. (ii) The over
consolidation ratio. (iii) The
pre-consolidation pressure. (iv) The compression
index. (v) The swelling
index. (vi) The in situ void
ratio. (vii) The effective
porosity. (viii) Representative
samples of each unconsolidated stratigraphic unit susceptible to seepage piping
failure tested in accordance with ASTM D4647. Units susceptible to seepage
piping failure include those located within fifteen feet of the proposed depths
of excavation and those located where the piezometric surface of an aquifer or
a zone of significant saturation is higher than the depth of
excavation. (ix) Any other data
generated. (f) A detailed description of how the subsurface
investigation was conducted including the following: (i) The subsurface
investigatory and sampling methods used in characterizing the geologic
properties of the proposed scrap tire monofill facility and an explanation of
why the particular subsurface investigatory method was chosen. (ii) The analytical
procedures and methodology used to characterize the consolidated and
unconsolidated materials obtained from test pits and borings. (iii) The methodology,
equipment, and procedures used to define the uppermost aquifer system and
significant zones of saturation above the uppermost aquifer system, including
the following: (a) Well and piezometer
construction specifications. (b) Water level
measurement. (iv) The methodology,
equipment, and procedures used to determine the ground water quality in the
uppermost aquifer system and any significant zones of saturation above the
uppermost aquifer system, including the following: (a) Detection of
immiscible layers. (b) Collection of ground
water samples, including the following: (i) Well
evacuation. (ii) Sample
withdrawal. (iii) Sample containers
and handling. (iv) Sample
preservation. (c) Performance of field
analysis, including the following: (i) Procedures and forms
for recording data and the exact location, time, and facility-specific
considerations associated with the data acquisition. (ii) Calibration of field
devices. (d) Decontamination of
equipment. (e) Analysis of ground
water samples. (f) Chain of custody
control, including the following: (i) Standardized field
tracking reporting forms to record sample custody in the field prior to and
during shipment and receipt at the lab. (ii) Sample labels
indicating a unique sample number, date, time, sample type, analytical methods,
and any other information necessary for effective sample tracking. (g) Field and laboratory
quality assurance and quality control including the following, the number of
which are sufficient to adequately demonstrate the accuracy of the analysis
results: (i) Collection of
duplicate samples. (ii) Submission of
field-bias blanks. (iii) Potential
interferences. (4) Stability analysis.
The following analyses establishing the stability of the scrap tire monofill
facility and the subsurface with sufficient information to allow Ohio EPA to
characterize the facility geology to allow for the evaluation of the proposed
design of the scrap tire monofill facility: (a) The hydrostatic uplift analysis that includes the
following: (i) The scope, extent,
and findings of the subsurface investigation conducted in accordance with
paragraph (C)(3) of this rule, as it pertains to hydrostatic
uplift. (ii) A narrative
description of the rationale used for the selection of the analysis input
parameters. (iii) A description of
the method used to calculate hydraulic uplift. (iv) A description of the
assessed failure modes and conditions. (v) A narrative
description of the rationale used for the selection of the critical cross
section that at a minimum considers the worst case intersection of the highest
phreatic or piezometric surface with the maximum excavation depth. (vi) A plan drawing
showing the greatest temporal high phreatic or piezometric surface derived in
accordance with paragraph (B)(3)(c) of this rule and the horizontal and
vertical limits of excavation derived in accordance with paragraph (B)(4)(a) of
this rule. (vii) A profile view of
the critical area that fully depicts the analysis input model including the
following: (a) The material
boundaries. (b) The applicable
dimensions including but not limited to the depth of excavation, and depth to
the temporal high phreatic and piezometric surfaces. (c) The material
types. (d) The in situ weights
and saturated unit weights. (viii) The actual
calculations or computer output. (b) The bearing capacity analysis for any vertical sump
risers on the composite liner system that includes the following: (i) The scope, extent,
and findings of the subsurface investigation conducted in accordance with
paragraph (C)(3) of this rule, as it pertains to bearing capacity. (ii) A narrative
description of the rationale used for the selection of the analysis input
parameters. (iii) A description of
the method used to calculate bearing capacity. (iv) A description of the
assessed failure modes and conditions. (v) A profile view of the
critical cross section that fully depicts the analysis input model including
the following: (a) The material
boundaries. (b) The temporal high
piezometric surface. (c) The material
types. (d) The in situ unit
weights and saturated unit weights. (vi) The plan view of the
critical cross section including northings and eastings for the endpoints of
the section. (vii) The actual
calculations or computer output. (c) The static stability analysis that includes the
following: (i) The scope, extent,
and findings of the subsurface investigation conducted in accordance with
paragraph (C)(3) of this rule, and earthen materials testing program as it
pertains to static stability. (ii) A narrative
description of the rationale used for the selection of the analysis input
parameters. (iii) A description of
the method used to calculate static stability. (iv) An assessment of
failure modes and conditions that at a minimum include the
following: (a) Deep-seated
translational and rotational failure mechanisms of internal slopes, interim
slopes and final slopes for drained conditions and, as applicable, undrained
conditions. (b) Shallow transitional
and rotational failure mechanisms of internal slopes and final slopes for
saturated conditions and drained conditions. (v) For each of the
failure modes and conditions assessed, a narrative description of the rationale
used for the selection of the critical cross sections for the internal slopes,
interim slopes, and final slopes. (vi) A profile view of
the critical cross sections that fully depicts the analysis input model
including the following: (a) The material
boundaries. (b) The temporal high
phreatic and piezometric surfaces. (c) The material
types. (d) The in situ unit
weights and, where applicable, the in situ saturated unit weights. (e) The material shear
strengths. (vii) The plan view of
the critical cross sections that includes the northings and eastings for the
endpoints of the sections. (viii) A summary of the
results using two dimensional limit equilibrium methods or other methods
acceptable to Ohio EPA for each of the critical cross sections. (ix) The actual
calculations or computer output. (d) The seismic stability analysis that includes the
following: (i) The scope, extent,
and findings of the subsurface investigation conducted in accordance with
paragraph (C)(3) of this rule, and earthen materials testing program as it
pertains to seismic stability. (ii) A narrative
description of the rational used for the selection of the analysis input
parameters. (iii) A description of
the method used to calculate the seismic stability. (iv) An assessment of
failure modes and conditions that at a minimum include the
following: (a) Deep-seated
translational and rotational failure mechanisms of final slopes for drained
conditions. (b) Deep-seated
translational and rotational failure mechanisms of internal and interim slopes
for drained conditions, if specified by Ohio EPA. (c) Shallow translational
and rotational failure mechanisms of final slopes for drained
conditions. (d) Liquefaction failure
mechanisms of internal slopes, interim slopes, and final slopes. (v) For each of the
failure modes and conditions assessed, a narrative description of the rationale
used for the selection of the critical cross sections for the internal slopes,
interim slopes, and final slopes. (vi) The profile views of
the critical cross sections that fully depict the analysis input model
including the following: (a) The material
boundaries. (b) The temporal high
phreatic and piezometric surfaces. (c) The material
types. (d) The in situ unit
weights and, where applicable, the in situ saturated unit weights. (e) The material shear
strengths. (vii) The plan views of
the critical cross sections that include the northings and eastings for the
endpoints of the sections. (viii) A summary of the
results using two or three dimensional limit equilibrium methods or other
methods acceptable to Ohio EPA for each of the critical cross
sections. (ix) The actual
calculations or computer output. (e) The settlement analyses of the liner system that
includes the following: (i) The scope, extent,
and findings of the subsurface investigation conducted in accordance with
paragraph (C)(3) of this rule, and earthen materials testing program as it
pertains to settlement. (ii) A narrative
description of the rationale used for the selection of the analysis input
parameters. (iii) A description of
the method used to calculate the settlement. (iv) A description of the
assessed failure modes and conditions. (v) A summary of the
results. (vi) The actual
calculations of settlement or computer output. (f) The piping failure through in situ foundation, added
geologic material, and recompacted soil liner analysis that includes the
following: (i) The scope, extent,
and findings of the subsurface investigation conducted in accordance with
paragraph (C)(3) of this rule, as it pertains to piping failure through in situ
foundation. (ii) A narrative
description of the rationale used for the selection of the analysis input
parameters. (iii) A description of
the method used to calculate likelihood of piping failure through in situ
foundation or added geologic material or recompacted soil liner. (iv) A description of the
assessed failure modes and conditions. (v) A narrative
description of the rationale used for the selection of the critical cross
section that at a minimum considers the worst-case intersection of the highest
phreatic or piezometric surface with the maximum excavation depth. (vi) A plan drawing
showing the temporal high phreatic and piezometric surfaces derived in
accordance with paragraph (B)(3)(d) of this rule and the horizontal and
vertical limits of excavation derived in accordance with paragraph (B)(4)(a) of
this rule. (vii) A profile view of
the critical area that fully depicts the analysis input model including the
following: (a) The material
boundaries. (b) The applicable dimensions, including but not limited to
the depth of excavation, and depth to the temporal high phreatic and
piezometric surfaces. (c) The material types. (d) The in situ unit weights and saturated unit
weights. (viii) The actual
calculations or computer output. (g) A description, based on publicly available information,
of any of the following unstable areas within one mile of the limits of waste
placement. If the scrap tire monofill facility is located in an unstable area,
the applicant shall provide an analysis that the structural components will
maintain their integrity based on publicly available information and findings
of the subsurface investigation conducted in accordance with paragraph (C)(3)
of this rule. (i) Regional
stratigraphic or structural features that are susceptible to bearing capacity
failure, static stability failure, seismic stability failure, or
settlement. (ii) Areas susceptible to
liquefaction. (iii) Areas susceptible
to mass movement such as landslides, debris slides and falls, and rock
falls. (iv) Areas impacted by
natural and human induced activities such as cutting and filling, draw down of
ground water, rapid weathering, heavy rain, seismic activity and
blasting. (v) Presence of karst
terrain. (vi) Presence of
underground mining. (vii) Areas susceptible
to coastal and river erosion. (5) Calculations. The
following design calculations with references to equations used, showing site
specific input and assumptions that demonstrate compliance with the design
requirements of rule 3745-580-705 of the Administrative Code: (a) Calculations showing gross volume of the scrap tire
monofill facility in cubic yards and the anticipated life in years, and the
gross volume in cubic yards and the anticipated life of each phase of the scrap
tire monofill facility. (b) Recompacted soil liner thickness, as specified in rule
3745-580-705 of the Administrative Code. (c) Calculations for the leachate head and
flow. (d) Calculations for sizing any leachate storage tanks
based on the volume of leachate generated after final closure. (e) Pump size and pipe size calculations based on paragraph
(C)(5)(c) of this rule. (f) Pipe strength and pipe deflection calculations for the
leachate collection and management system. (g) An itemized written closure cost estimate, in current
dollars, based on the following: (i) The cost of final
closure of a scrap tire monofill facility in accordance with rule 3745-580-725
of the Administrative Code. (ii) A third-party
conducting the final closure activities, assuming payment to its employees of
not less than the applicable prevailing wage. (h) An itemized written post-closure care cost estimate, in
current dollars, based on the following: (i) The cost of
post-closure care of the phases of the scrap tire monofill facility in
accordance with rule 3745-580-726 of the Administrative Code. (ii) A third-party
conducting the post-closure care activities, assuming payment to its employees
of not less than the applicable prevailing wage. (i) Soil erosion calculations. (j) Calculations for sizing and surfacing water control
structures and verifying that scouring and crushing is minimized. (k) Calculations for sizing the sedimentation
basin. (l) Other relevant calculations. (6) Construction
information. Demonstration of physical resistance as specified in paragraphs
(B) and (C) of rule 3745-580-705 of the Administrative Code and compaction
equipment slope limitations. (7) Operational
information. The following information, which if modified, may constitute the
need for a permit: (a) Authorized maximum daily waste receipt requested for
the scrap tire monofill facility. (b) Technique of waste receipt including but not limited to
accepting baled scrap tires, loose scrap tires, or using tipper. (c) Type of equipment to be used to construct, operate, and
maintain the scrap tire monofill facility. [Comment: A change in equipment that
decreases the capability of the owner or operator to handle the waste received,
may be considered to endanger human health and may constitute the need for a
permit.] (8) Plans. The following
plans: (a) The quality assurance/quality control plan for the
engineered components addressing the following: (i) Surveying. (ii) Calibration of
testing equipment. (iii) Sampling and
testing procedures to be used in the field and in the laboratory, including but
not limited to the following: (a) Testing specified in
rule 3745-580-710 of the Administrative Code. (b) Testing necessary due
to design requirements. (c) Voluntary
testing. (iv) Procedures to be
followed if a test fails. (b) The final closure/post-closure plan as detailed in
paragraph (B) of rule 3745-580-725 of the Administrative Code. (9) Notifications and
certifications. The following notifications and certifications: (a) Copies of the letters of intent to establish or modify
a scrap tire monofill facility, which include a description of property and
facility boundaries, sent via certified mail or any other form of mail
accompanied by a receipt to the following entities: (i) The governments of
the political subdivisions where the facility is located including but not
limited to county commissioners, the legislative authority of a municipal
corporation, or the board of township trustees. (ii) The single county or
joint county solid waste management district or regional solid waste management
authority where the facility is located or that is served by the
facility. (iii) The owner or lessee
of any easement or right-of-way bordering or within the proposed facility
boundaries that may be affected by the proposed scrap tire monofill
facility. (iv) The local zoning
authority having jurisdiction. (v) The park system
administrator, if any part of the scrap tire monofill facility is located
within or shares the park boundary. (vi) The conservancy
district, if any part of the scrap tire monofill facility is located within or
shares the conservancy district boundary. (b) A list of the permits, licenses, plan approvals,
authorizations or other approvals that have been applied for and the local,
state or federal office or agency where application has been made. (c) Proof of property ownership or lease agreement to use
the property as a scrap tire monofill facility. (D) Closure and post closure care cost
estimates and financial assurance. In addition to the calculations specified in
paragraphs (C)(5)(g) and (C)(5)(h) of this rule, the owner or operator shall
submit the following information as part of the permit to install
application: (1) Closure cost
estimates and post-closure care cost estimates in accordance with rule
3745-580-22 of the Administrative Code. (2) A draft financial
assurance instrument for closure in accordance with rule 3745-503-05 of the
Administrative Code. (3) A draft financial
assurance instrument for post-closure care in accordance with rule 3745-503-10
of the Administrative Code.
Last updated January 8, 2024 at 2:42 PM
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Rule 3745-580-703 | Criteria for approval of a scrap tire monofill facility permit to install application.
(A) General criteria. The director shall
not approve a permit to install application for a scrap tire monofill facility
unless the director determines all of the following: (1) Establishment or
modification and operation of the scrap tire monofill facility will not violate
Chapter 3704., 3734., 3745., or 6111. of the Revised Code. (2) The scrap tire
monofill facility will be capable of being constructed, operated, closed, and
maintained during the post-closure care period in accordance with this chapter
and with the terms and conditions of the permit to install. (3) The applicant or
person listed as owner and operator of the scrap tire monofill facility is in
substantial compliance with, or is on a legally enforceable schedule through
issuance of an administrative consent order or judicial consent order to attain
compliance with applicable provisions of Chapters 3704., 3714., 3734., 3745.,
and 6111. of the Revised Code at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they own or operate. An
applicant or person listed as the owner or operator is not in substantial
compliance with Chapters 3704., 3714., 3734., and 6111. of the Revised Code if
the applicant has committed a significant or material violation of an
environmental law or has committed numerous, other violations of environmental
laws such that the violations reveal a practice of noncompliance with
environmental laws. (4) The applicant or
person listed as the owner or operator has maintained a history of compliance
with Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised Code by
resolving all administrative and judicial enforcement actions that were brought
against them that were based on a significant or material violation of an
environmental law, or were based on numerous, other violations of environmental
laws that revealed a practice of noncompliance with environmental laws at scrap
tire transportation operations, construction and demolition debris facilities,
construction and demolition debris processing facilities, or solid waste
facilities they own or operate or at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they have previously
owned or operated. For purposes of this rule, an enforcement action has been
resolved if the owner or operator has entered into an administrative consent
order or judicial consent order with regard to the violation of environmental
laws, or the owner or operator has adjudicated the issue of whether they are in
violation of environmental laws to finality. (5) The applicant meets the requirements
of sections 3734.40 to 3734.47 of the Revised Code and the rules adopted
thereunder. (6) For an initial application, the
applicant has submitted a draft financial assurance instrument and the closure
cost estimate and post closure-care cost estimate in accordance with rules
3745-503-05, 3745-503-06, and 3745-580-22 of the Administrative
Code. (7) For an application for a modification
to the scrap tire monofill facility, the applicant has submitted the
calculations of the closure cost estimate and the post closure care cost
estimate in accordance with rule 3745-580-22 of the Administrative
Code. (8) The limits of solid waste placement
are not located within a park. (B) Discretionary criteria. The director
may consider, when determining whether or not to approve a permit to install
application for a scrap tire monofill facility, the following: (1) The impact the
establishment or modification of the scrap tire monofill facility may have on
corrective measures that have been taken, are presently being taken, or are
proposed to be taken at the facility or in the immediate area. (2) The technical ability
of the owner or operator to adequately monitor the impact of the scrap tire
monofill facility on the environment. (C) Design criteria. The director shall
not approve a permit to install application unless the director determines that
the application conforms to the appropriate sections of rule 3745-580-705 of
the Administrative Code as follows: (1) For a new scrap tire
monofill facility or a vertical or lateral expansion, paragraphs (B) to (E) of
rule 3745-580-705 of the Administrative Code. (2) [Reserved.] (3) For a scrap tire
monofill facility application in response to division (B) of section 3734.77 of
the Revised Code, paragraphs (B) to (E) of rule 3745-580-705 of the
Administrative Code. (4) A permit to install
application exclusively requesting a change in technique of waste receipt, type
of waste received, or type of equipment used, is not subject to rule
3745-580-705 of the Administrative Code. (5) A permit to install
application exclusively requesting a change in the authorized maximum daily
waste receipt and submitted pursuant to paragraph (E) of this rule is not
subject to rule 3745-580-705 of the Administrative Code. (6) For applications
proposing other modifications to the scrap tire monofill facility, the relevant
paragraphs of rule 3745-580-705 of the Administrative Code. (D) [Reserved.] (E) Additional criteria for applications
to increase the authorized maximum daily waste receipt. The director shall not
approve a permit to install application for a permanent change in the
authorized maximum daily waste receipt for the scrap tire monofill facility
unless the owner or operator submits a demonstration to the director that the
scrap tire monofill facility can operate in compliance with all applicable
solid waste regulations while receiving the requested maximum daily waste
receipt and at a minimum includes the following: (1) An explanation of the
overall facility design including construction time frames and fill sequences
for the scrap tire monofill facility. (2) Operational criteria
such as the scrap tire monofill facility's equipment availability, cover
availability, and manpower. (3) If applicable, the
owner's or operator's previous compliance history throughout the life
of the scrap tire monofill facility and the daily logs for any period that the
scrap tire monofill facility was out of compliance. [Comment: An application for a temporary
increase in the authorized maximum daily waste receipt is subject to the
criteria specified in rule 3745-501-75 of the Administrative Code.] (F) [Reserved.] (G) Applicability of siting criteria. A
permit to install application for scrap tire monofill facility shall not be
approved unless the director determines that the application meets the criteria
specified in paragraph (H) of this rule, as follows: (1) Call-in permits. A
scrap tire monofill facility for which the permit to install application,
including any proposed lateral or vertical expansions, is submitted in response
to division (B) of section 3734.77 of the Revised Code, shall meet all the
criteria specified in paragraph (H) of this rule. (2) Operation changes. A
permit to install application that exclusively proposes a substantial change in
technique of waste receipt, type of waste received, or type of equipment used
at the scrap tire monofill facility is not subject to the criteria specified in
paragraph (H) of this rule. (3) Authorized maximum
daily waste receipt increase. A permit to install application that exclusively
proposes a change in the authorized maximum daily waste receipt limit for the
scrap tire monofill facility is not subject to the criteria specified in
paragraph (H) of this rule. (4) Other modification
permits. A permit to install application that incorporates a modification to
the scrap tire monofill facility that does not incorporate a capacity increase
or otherwise extend the vertical or horizontal limits of waste placement is not
subject to the criteria specified in paragraph (H) of this rule. (5) Proposed new landfill
or vertical or lateral expansion. A proposed new landfill or a vertical or
lateral expansion of an existing landfill shall meet all of the criteria
specified in paragraph (H) of this rule. The director may approve the
application for one or more non-contiguous areas proposed in the application
that meet the criteria specified in paragraph (H) of this rule, even if other
proposed areas do not meet the criteria specified in paragraph (H) of this
rule. (H) Siting criteria. The director will
consider a permit to install application for a scrap tire monofill in
accordance with paragraph (G) of this rule as follows: (1) The limits of waste
placement and any temporary scrap tire storage area of the scrap tire monofill
facility are not located within one thousand feet of or within any of the
following areas, in existence on the date of receipt of the permit to install
application by Ohio EPA: (a) National park or recreation area. (b) Candidate area for potential inclusion in the national
park system. (c) State park or established state park purchase
area. (d) Any property 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.
The one-thousand-foot setback from the limits of solid waste placement does not
apply if the applicant obtains a written authorization effective prior to the
issuance date of the permit from the owner and the designated authority of the
areas designated in paragraph (H)(1) of this rule to locate the limits of solid
waste placement within one thousand feet. (2) Ground water aquifer
system protection. (a) Sole source aquifer. The limits of waste placement of
the scrap tire monofill facility and any subsurface leachate storage structure
are not located above an aquifer declared by the federal government under the
Safe Drinking Water Act, 88 Stat. 1660, 42 U.S.C. 300(f), to be a sole source
aquifer prior to the date of receipt of the permit to install application by
Ohio EPA. (b) One hundred gallons per minute (gpm) aquifer system.
The limits of waste placement of the scrap tire monofill facility and any
subsurface leachate storage structure or leachate lift station are not located
above an unconsolidated aquifer system capable of sustaining a yield of one
hundred gallons per minute for a twenty-four-hour period within one thousand
feet of the limits of waste placement or any subsurface leachate storage
structure or leachate lift station. (c) Isolation distance. The isolation distance between the
uppermost aquifer system and the basal elevation of the recompacted soil liner
and the basal elevation of any liner system of a subsurface leachate storage
structure for a scrap tire monofill facility is not less than five feet,
without accounting for compression or consolidation, of in-situ geologic
material constructed in accordance with rule 3745-580-705 of the Administrative
Code. (3) Ground water
setbacks. (a) Drinking water source protection area for a public
water supply using ground water. The limits of solid waste placement of the
scrap tire monofill facility and any subsurface leachate storage structures are
not located within a drinking water source protection area for a public water
supply using ground water. (b) Underground mine. The limits of waste placement of the
scrap tire monofill facility and any above-ground leachate storage structure
are not located within an area of potential subsidence due to an underground
mine. The area of potential subsidence due to an underground mine is the area
defined by the angle of draw extending from the underground mine to where the
angle of draw intercepts the ground surface. The angle of draw shall not be
less than fifteen degrees. [Comment: Removal or filling of the mines is
an acceptable method for minimizing the potential for subsidence.] (c) One thousand feet from water supply well. The limits of
waste placement and any subsurface leachate storage structure are not located
within one thousand feet of a water supply well or a developed spring in
existence on the date the permit to install application was received by Ohio
EPA. For the purposes of this paragraph, a developed spring is any spring that
has been permanently modified by the addition of pipes or a collection basin to
facilitate the collection and use of the spring water. This paragraph does not
apply if one or more of the following conditions are met: (i) The water supply well
or developed spring is controlled by the applicant and provided the
following: (a) The water supply well
or developed spring is needed as a source of nonpotable water in order to meet
the requirements of an approved permit or as a source of nonpotable water used
in a manufacturing process. (b) No other reasonable
alternative water source is available. (c) The water supply well
or developed spring is constructed to prevent contamination of the ground
water. (ii) The water supply
well or developed spring is not less than five hundred feet hydrogeologically
upgradient of the limits of waste placement. (iii) The water supply
well or developed spring is separated from the limits of waste placement by a
naturally occurring hydrogeologic barrier. (iv) The water supply
well or developed spring was constructed and is used solely for monitoring
ground water quality. (4) General
setbacks. (a) One thousand feet from natural areas. The limits of
waste placement and any temporary scrap tire storage area of the scrap tire
monofill facility are not located within one thousand feet of the
following: (i) Areas designated by
the Ohio department of natural resources as either 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. (ii) Areas designated,
owned, and managed by Ohio history connection as a nature
preserve. (iii) Areas designated by
the United States department of the interior as either a national wildlife
refuge or a national wild, scenic, or recreational river. (iv) Areas designated by
the United States forest service as either a special interest area or a
research natural area in the Wayne national forest. (v) Stream segments
designated by Ohio EPA as a state resource water, a coldwater habitat, or an
exceptional warmwater habitat. [Comment: Stream segments designated as
state resource waters may include some wetlands. Those wetlands that do not
meet this designation are addressed in paragraph (H)(4)(d) of this
rule.] (b) Three hundred feet from property line. The limits of
waste placement and any temporary scrap tire storage area of the scrap tire
monofill facility are not located within three hundred feet of the scrap tire
monofill facility's property line. (c) One thousand feet from domicile. The limits of waste
placement and any temporary scrap tire storage area of the scrap tire monofill
facility are not located within one thousand feet of a domicile, whose owner
has not consented in writing to the location of the scrap tire monofill
facility, in existence on the date of receipt of the permit to install
application by Ohio EPA. (d) Two hundred feet from surface waters. The limits of
waste placement, any subsurface leachate storage structure, and any temporary
scrap tire storage area of the scrap tire monofill facility are not located
within two hundred feet of areas determined by Ohio EPA or the United States
army corps of engineers to be a stream, lake, or wetland. (e) Seismic impact zone. The limits of waste placement and
the leachate management system are not located in a seismic impact zone unless
the owner or operator demonstrates that all containment structures, including
liners, leachate collection systems, sedimentation ponds, and surface water
control systems, are designed to resist the maximum horizontal acceleration in
lithified earth material for the site. (f) Floodway and flood plain. Any temporary scrap tire
storage area of the scrap tire monofill facility are not located in a floodway
and the limits of waste placement and the leachate management system are not
located in a regulatory flood plain. [Comment: Pursuant to division (A) or (G) of
section 3734.02 of the Revised Code, an applicant may request a variance or
exemption from any of the siting criteria contained in this rule.]
Last updated January 8, 2024 at 2:43 PM
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Rule 3745-580-705 | Construction of a scrap tire monofill facility.
This rule identifies the engineered components of a
scrap tire monofill facility, design specifications, and construction and
reporting requirements. (A) The owner or operator shall contact
the approved board of health and Ohio EPA prior to commencing construction of
each phase of the scrap tire monofill facility for the purpose of
inspection. (B) The owner or operator shall design and construct the
scrap tire monofill facility as follows: (1) The foundation or
added geologic material used to meet the isolation distance between the
uppermost aquifer system and the bottom of the liner system complies with the
following: (a) Is free of debris, foreign material, deleterious
material, and shall not contain large objects in such quantities as may
interfere with its application and intended purpose. (b) Is not comprised of solid waste. (c) Is determined to have adequate strength to satisfy
bearing capacity and slope stability strength requirements. (d) Is resistant to internal erosion. (e) For foundation, has quality control testing for
resistance to internal erosion of any stratigraphic units that have not been
anticipated and that are more susceptible to seepage piping failure than the
stratigraphic units that were tested and reported in the permit to install in
accordance with ASTM D4647. (f) For added geologic material, is constructed in lifts to
achieve uniform compaction that comply with the following: (i) Be constructed in
loose lifts of twelve inches or less. (ii) Be constructed of a
soil with a maximum clod size that does not exceed the lift
thickness. (iii) Be compacted to at
least ninety-five per cent of the maximum dry density determined in accordance
with ASTM D698 or at least ninety per cent of the maximum dry density
determined in accordance with ASTM D1557. (iv) Be placed with a
soil moisture content that is not less than two per cent below or more than
four per cent above the optimum moisture content determined in accordance with
ASTM D698 or ASTM D1557. (v) Have a maximum
permeability of 1 x 10-5 cm/sec
determined in accordance with ASTM D5084 or other method acceptable to Ohio EPA
at a frequency of no less than one test per acre per lift. The locations of the
individual tests shall be adequately spaced to represent the constructed area
and any penetrations repaired. This paragraph does not apply if the soil is
classified as a "CL" in accordance with ASTM D2487. (vi) Be classified as
slightly dispersive (ND3) or nondispersive (ND2, ND1) determined in accordance
with ASTM D4647. (g) For added geologic material, have quality control
testing of the constructed lifts performed to determine the density and
moisture content in accordance with ASTM D6938, ASTM D1556, ASTM D2167 or other
methods acceptable to Ohio EPA at a frequency of no less than five tests per
acre per lift. The locations of the individual tests shall be adequately spaced
to represent the constructed area and any penetrations repaired using
bentonite. (2) Structural fill,
including rock fill or soil fill, used as a structural berm or subbase complies
with the following: (a) For rock fill, be durable rock. (b) Be free of debris, foreign material, and deleterious
material. (c) Not be comprised of solid waste. (d) Not have any abrupt changes in grade that may result in
damage to the liner system. (e) For soil fill, have pre-construction testing of the
borrow soils performed on representative samples to determine the maximum dry
density and optimum moisture content in accordance with ASTM D698 or ASTM D1557
at a frequency of no less than once for every ten thousand cubic
yards. (f) Be constructed in lifts to achieve uniform compaction
of soil fills that comply with the following: (i) Be constructed in
loose lifts of twelve inches or less. (ii) Be compacted to at
least ninety-five per cent of the maximum dry density determined in accordance
with ASTM D698 or at least ninety per cent of the maximum dry density
determined in accordance with ASTM D1557. (g) Be determined to have adequate strength to satisfy
bearing capacity and slope stability strength requirements. (h) Have quality control testing of the soil fills on the
constructed lifts performed to determine the density and moisture content in
accordance with ASTM D6938, ASTM D1556, ASTM D2167 or other methods acceptable
to Ohio EPA at a frequency of no less than five tests per acre per lift with
locations of the individual tests adequately spaced to represent the
constructed area. (3) The liner system is designed as
follows: (a) For new facilities or lateral expansions of existing
facilities, with at least a 2.0 per cent slope in all areas except along flow
lines augmented by leachate collection pipes, after accounting for one hundred
per cent of the primary consolidation settlement and the secondary
consolidation settlement of the compressible materials beneath the facility.
Compressible materials include, as applicable, in-situ soil, added geologic
material, structural fill material, and recompacted soil liner. For the
purposes of this paragraph, secondary settlement is calculated using a one
hundred year time frame or another time frame acceptable to Ohio
EPA. (b) For existing facilities where an owner or operator
proposes to vertically expand over a liner system that was constructed after
December 31, 2003, the slope of the existing liner system located beneath the
vertical expansion meets the design standard in paragraph (B)(3)(a) of this
rule. (c) For existing facilities where an owner or operator
proposes to vertically expand over a liner system that was constructed before
December 31, 2003, a demonstration that the existing liner system located
beneath the vertical expansion at a minimum maintains positive drainage in the
leachate collection system and has no more than one foot of head of leachate
after accounting for the additional waste and one hundred percent of the
primary consolidation settlement and the secondary consolidation settlement of
the compressible materials beneath the facility. Compressible materials
include, as applicable, in-situ soil, added geologic material, structural fill
material, and recompacted soil liner. For the purposes of this paragraph,
secondary settlement is calculated using a one hundred year time frame or
another time frame acceptable to Ohio EPA. (4) With a recompacted soil liner that at
a minimum complies with the following: (a) Be constructed using loose lifts eight inches thick or
less to achieve uniform compaction, with each lift having a maximum
permeability of 1 x 10-6
cm/sec. (b) Be constructed of a soil with a maximum clod size of
three inches or half the lift thickness, whichever is less. (c) Be constructed of a soil that meets the
following: (i) With one hundred per
cent of the particles having a maximum dimension not greater than two
inches. (ii) With not more than
ten per cent of the particles by weight having a dimension greater than 0.75
inches. (iii) With a
classification of slightly dispersive (ND3) or nondispersive (ND2, ND1) as
determined in accordance with ASTM D4647. (iv) With either of the
following: (a) Not less than
twenty-five per cent of the particles, by weight, having a maximum dimension
not greater than 0.002 millimeters. (b) A recompacted
laboratory permeability of 1 x 10-7 cm/sec in accordance with ASTM D5084 at a
frequency of no less than once for every ten thousand cubic yards. (d) Be compacted to at least ninety-five per cent of the
maximum "standard proctor density" in accordance with ASTM D698 or at
least ninety per cent of the maximum "modified proctor density" in
accordance with ASTM D1557. (e) Be compacted at a moisture content at or wet of
optimum. (f) Alternatives for paragraphs (B)(4)(a) to (B)(4)(e) of
this rule may be used if it is demonstrated to the satisfaction of Ohio EPA
that the materials and techniques will result in each lift having a maximum
permeability of 1 x 10-6
cm/sec. (g) Not be comprised of solid waste. (h) Be constructed using the number of passes and lift
thickness, and the same or similar type and weight of compaction equipment
established by testing specified in paragraphs (B)(4)(m) and (B)(4)(n) of this
rule. (i) Be placed on the bottom and exterior excavated sides of
the monofill and have a minimum bottom slope of two per cent and a maximum
slope based on the following: (i) Compaction equipment
limitations. (ii) Slope
stability. (iii) Maximum friction
angle between any soil-geosynthetic interface and between any
geosynthetic-geosynthetic interface. (iv) Resistance of
geosynthetic and geosynthetic seams to tensile forces. (j) Be constructed on a prepared surface that complies with
the following: (i) Be free of debris,
foreign material, and deleterious material. (ii) Be capable of
bearing the weight of the facility and its construction and operations without
causing or allowing a failure of the liner to occur through
settling. (iii) Not have any abrupt
changes in grade that may result in damage to geosynthetics. (k) Be at least one of the following: (i) Three feet thick,
unless the director approves an alternate thickness, to be no less than one and
one-half feet thick. (ii) One and one-half
feet thick with a geosynthetic clay liner that meets the specifications in
paragraph (B)(5) of this rule. (iii) Based on a design
acceptable to the director that is no less protective of human health and the
environment than the designs specified in paragraphs (B)(4)(k)(i) and
(B)(4)(k)(ii) of this rule. Except for a submergence facility, a flexible
membrane liner shall not be used due to the heat or contact with burning
pyrolitic oils from a fire. (l) Be adequately protected from damage due to desiccation,
freeze/thaw cycles, wet/dry cycles, and the intrusion of objects during
construction and operation. (m) Is modeled by the construction of a test pad that
complies with the following unless an alternative capable of ensuring the
recompacted soil liner meets the requirements of this paragraph is demonstrated
to the satisfaction of Ohio EPA: (i) Be designed such that
the proposed tests are appropriate and their results are valid. (ii) Be constructed to
establish the construction details that are necessary to obtain sufficient
compaction to satisfy the permeability requirement. The construction details
include such items as the lift thickness, the water content necessary to
achieve the desired compaction, and the type, weight, and number of passes of
construction equipment. (iii) Be constructed
prior to the construction of the recompacted soil liner which the test pad will
model. (iv) Be constructed
whenever there is a significant change in soil material
properties. (v) Have a minimum width
three times the width of compaction equipment, and a minimum length two times
the length of compaction equipment, including power equipment and any
attachments. (vi) Be comprised of at
least four lifts. (vii) Be tested for field
permeability, following the completion of test pad construction, using methods
acceptable to Ohio EPA. For each lift, a minimum of three tests for moisture
content and density shall be performed. (viii) Be reconstructed
as many times as necessary to meet the permeability requirement. Any amended
construction details shall be noted for future soil liner
construction. (n) For the recompacted soil liner test pad, is described
in a certification report that is signed and sealed by a professional engineer
registered in the state of Ohio and contains a narrative that proposes the
construction details, the range of soil properties that will be used to
construct the recompacted soil liner, and the results of all the testing
specified in this paragraph. The report shall be submitted to the appropriate
Ohio EPA district office for written concurrence not later than fourteen days
prior to the intended construction of the recompacted soil liner that will be
modeled by the test pad. (o) Moisture content and density testing of the recompacted
soil liner performed in accordance with ASTM D6938, ASTM D1556, ASTM D2167, or
other methods acceptable to Ohio EPA at a frequency of no less than five tests
per acre per lift with any penetrations repaired using bentonite or using
methods acceptable to Ohio EPA. (5) Geosynthetic clay
liner that complies with the following: (a) Be negligibly permeable to fluid
migration. (b) Be installed to allow no more than negligible amounts
of leakage by a minimum overlap of six inches, or, for end-of-panel seams, a
minimum overlap of twelve inches. Overlap shall be increased in accordance with
manufacturer's specifications or to account for shrinkage due to weather
conditions. (c) Have a dry bentonite mass per unit area of at least
0.75 pounds per square foot at zero percent moisture content. (d) Be installed in accordance with the manufacturer's
specifications in regard to handling, overlap, and the use of granular or
powdered bentonite to enhance bonding at the seams. (6) The leachate
management system that complies with the following: (a) Be designed to avoid clogging and
crushing. (b) Include a drainage layer placed on top of the liner
that is able to rapidly collect leachate entering the system. A geocomposite
may be used if it is demonstrated to Ohio EPA that the material meets the
requirements of this paragraph. Granular material shall comply with the
following: (i) Have a minimum
permeability of 1 x 10-2cm/sec. (ii) Have a minimum
thickness of one foot. (c) Include a means to automatically remove leachate from
the bottom of the facility. Leachate collection shall comply with the
following: (i) Be designed to
collect leachate within the limits of waste placement. (ii) Be designed to be
capable of maintaining less than a one foot depth of leachate over the liner,
excluding the leachate sump collection point. (iii) Have a minimum
slope of 2.0 per cent. (iv) Have lengths and
configuration that do not exceed the capabilities of clean-out
devices. (v) Be provided with
access for clean-out devices, as specified by the director, that are protected
from differential settling. An alternative means for leachate removal may be
used if it is demonstrated to the satisfaction of the director or his
authorized representative that the means for leachate removal meets the
requirements of this paragraph. (vi) Any lift stations
are protected from adverse effects from leachate and differential settling.
Lift stations shall be equipped with automatic high level alarms located no
greater than six feet above the invert of the leachate inlet pipe. Lift station
pumps shall be of adequate capacity and automatically commence pumping before
the leachate elevation activates the high level alarm or if a gravity drainage
system is used, be of adequate capacity to meet the requirements of paragraph
(B)(6)(c) of this rule. (d) Include a filter layer, to prevent clogging of the
leachate collection system. (e) Include a protective layer to protect the recompacted
soil liner and leachate collection system from damage due to dessication,
freeze/thaw cycles, wet/dry cycles, and the intrusion of objects during
construction and operation. (f) Any leachate conveyance and storage structures located
outside of the limits of scrap tire placement are no less protective of the
environment than the scrap tire monofill facility, as determined by Ohio EPA,
and complies with the following: (i) Be monitored, as specified by Ohio EPA. (ii) For storage structures, have a minimum of one week of
storage capacity using design assumptions simulating final closure completed in
accordance with rule 3745-580-725 of the Administrative Code. (iii) For storage tanks,
be provided with spill containment. (iv) If, at any time, leachate is evaluated to be hazardous
in accordance with rule 3745-52-11 of the Administrative Code, it is managed in
accordance with Chapters 3745-50 to 3745-69 of the Administrative Code, and the
generator standards for storage in accordance with Chapter 3745-52 of the
Administrative Code. (g) Treat and dispose of leachate in accordance with one of
the following: (i) At the
facility. (ii) Through on-site
pretreatment and either transported or piped off-site for final treatment and
disposal. (iii) Through
transportation or piping off-site for treatment and disposal. (7) Ground water control structures that
comply with the following: (a) Permanent ground water control structures that
adequately control ground water infiltration through the use of non-mechanical
means such as impermeable barriers or permeable drainage structures. The owner
or operator shall not use permanent ground water control structures to dewater
an aquifer system, except if the recharge and discharge zone of the aquifer
system are located entirely within the boundary of the scrap tire
monofill. (b) For purposes of controlling ground water infiltration
until sufficient load has been placed in all locations across the facility such
that a 1.40 factor of safety for hydrostatic uplift is achieved, a pumping
system of a temporary ground water control structure that meets the
following: (i) Includes a high-level
alarm set at an elevation no higher than the base of the recompacted soil liner
being protected by the temporary ground water control structure. (ii) In the event of a
power failure, be supplied with power not later than one hour after the power
failure occurring. (iii) In the event of a
pump failure, be supplied with a replacement pump not later than twelve hours
after a pump failure occurring. (8) Surface water control
structures that comply with the following: (a) Any permanent or temporary surface water control
structures that at a minimum are designed to accommodate, by non-mechanical
means, the peak flow from the twenty-five year, twenty-four hour storm event
and to minimize silting and scouring. (b) Any sedimentation ponds that are designed and
constructed in accordance with the following: (i) With a minimum
storage volume based on either the calculated runoff volume from a ten year,
twenty-four hour storm event, or 0.125 acre-feet per year, for each acre of
disturbed area within the upstream drainage area, multiplied by the scheduled
frequency of pond clean-out (in years), whichever is greater. (ii) To ensure the
principal spillway safely discharges the flow from a ten year, twenty-four hour
storm event, the inlet elevation of the emergency spillway is designed to
provide flood storage, with no flow entering the emergency spillway, for a
twenty-five year, twenty-four hour storm event, with allowance provided for the
flow passed by the principal spillway during the event. (iii) To ensure the
combination of principal and emergency spillways safely discharges the flow
from a one hundred year, twenty-four hour storm event, the embankment design
provides for no less than one foot net freeboard when flow is at the design
depth, after allowance for embankment settlement. (9) Survey mark. With at
least one permanent survey mark established prior to any construction and
within easy access to the limits of scrap tire placement in accordance with the
following: (a) Referenced horizontally to the 1983 North American
datum, or state plane coordinate system and vertically to the 1988 North
American vertical sea level datum as identified by the national geodetic
survey. (b) At least as stable as a poured concrete monument ten
inches in diameter installed to a depth of forty-two inches below the ground
surface. The survey mark shall include a corrosion resistant metallic disk that
indicates horizontal and vertical coordinates of the survey mark and contain a
magnet or ferromagnetic rod to allow identification through magnetic detection
methods. (c) Survey control standards for the survey mark are in
accordance with the following: (i) The minimum
horizontal distance accuracy is one foot horizontal to two thousand five
hundred feet horizontal. (ii) The minimum vertical
accuracy is one inch to five thousand feet horizontal. (10) Grades of access
roads that do not exceed twelve per cent and are designed to allow passage of
loaded vehicles during all weather conditions with minimum erosion, dust
generation, and with adequate drainage. (11) The cap system that
complies with the following: (a) Minimize infiltration. (b) Include a geotextile fabric placed on top of the scrap
tires. (c) Include a barrier layer placed on top of the geotextile
fabric consisting of one of the following: (i) A recompacted soil
barrier layer, a minimum of sixty inches thick constructed in accordance with
the specifications in paragraphs (B)(4)(a) to (B)(4)(e), (B)(4)(g), and
(B)(4)(o) of this rule. (ii) A geosynthetic clay liner constructed in accordance
with the specifications in paragraph (B)(5) of this rule, placed on top of an
eighteen inch engineered subgrade. (iii) A flexible membrane liner constructed in accordance
with the specifications of in paragraph (I)(3) of this rule, placed on top of
an eighteen inch engineered subgrade or geosynthetic clay liner. (d) Include a drainage layer placed on top of a flexible
membrane liner or geosynthetic clay liner, that is either of the
following: (i) Consist of granular
drainage material a minimum of one foot thick with a permeability of 1 x
10-3 cm/s. The granular cap
drainage layer shall not be placed over wrinkles in the flexible membrane liner
that are greater than four inches in height. (ii) Consist of
geocomposite drainage layer with a minimum transmissivity to ensure that the
cap system meets the slope stability requirements of this rule. The
transmissivity shall be adjusted for elastic deformation, creep deformation,
biological clogging, and chemical clogging by using the appropriate reduction
factors. (e) Include a cap protection layer placed above the
drainage layer consisting of soil, a minimum of twenty-four inches thick,
constructed with soil that meets one of the following: (i) Is classified as a
"CL" in accordance with ASTM D2487. (ii) Has a maximum
permeability of 1 x 10-5 cm/sec
determined in accordance with ASTM D5084 or other method acceptable to Ohio EPA
at a frequency of no less than one test per five acres. The locations of the
individual tests shall be adequately spaced to represent the constructed area
with any penetrations repaired. [Comment: The minimum cap protection layer
requirement may include six inches of vegetative layer.] (f) Include a vegetative layer, consisting of soil and
vegetation, as the surface of the cap system, that meets the
following: (i) Be of sufficient
thickness and fertility to support its vegetation and to protect the
recompacted soil barrier layer and flexible membrane liner from damage due to
root penetration. The vegetative layer shall be constructed in a manner that
healthy grasses or other vegetation can form a complete and dense vegetative
cover not later than one year after placement. (ii) Have the slopes and
the final elevations specified in the permit to install for the
facility. (iii) Have a maximum
projected erosion rate of five tons per acre per year. (iv) Be constructed with
best management practices for erosion control. (g) Any penetrations into the cap system are sealed so that
the integrity of the recompacted soil barrier layer is maintained. (h) Comparable materials or thicknesses for the soil
barrier layer, the granular drainage layer, and the soil vegetative layer may
be used if it is demonstrated to Ohio EPA that the alternative meets the
requirements of this paragraph. (12) Engineered subgrade that complies
with the following: (a) Be free of solid waste, debris, foreign material,
deleterious material, and not contain large objects in such quantities as may
interfere with its application and intended purpose. The surface shall not have
sharp edged or protruding particles. (b) Be determined to have adequate strength to satisfy
bearing capacity and slope stability strength requirements. (c) Not have any abrupt changes in grade that may result in
damage to the geosynthetic clay liner or flexible membrane liner. (13) The design for the stability of all
engineered components and the waste mass addresses any configuration throughout
the applicable development and post-closure care periods. Potential failures
associated with internal, interim, and final slopes as these slopes are
depicted in the permit to install application, shall be used to define the
minimum construction specifications and materials that at a minimum meet the
following: (a) Have a factor of safety for hydrostatic uplift of not
less than 1.40 at any location during the construction and operation of the
facility. (b) Have a factor of safety for bearing capacity of any
vertical sump risers on the liner system of not less than 3.0. (c) Have a factor of safety for static slope stability of
not less than 1.50 using two dimensional limit equilibrium methods or another
factor of safety using a method acceptable to Ohio EPA when assessed for any of
the following failure modes and conditions: (i) Deep-seated
translational and deep-seated rotational failure mechanisms of internal slopes,
interim slopes, and final slopes for drained conditions. For slopes containing
geosynthetic interfaces placed at grades greater than 5.0 per cent, large
displacement shear strength conditions shall be used for any soil to
geosynthetic or geosynthetic to geosynthetic interfaces. [Comment: Ohio EPA considers any failure
that occurs through a material or along an interface that is loaded with more
than one thousand four hundred forty pounds per square foot to be a deep seated
failure mode.] (ii) Shallow
translational and shallow rotational failure mechanisms of internal slopes and
final slopes for drained conditions. [Comment: Peak shear strengths can be used
for most shallow failure modes.] (d) Have a factor of safety for static slope stability of
not less than 1.30 using two dimensional limit equilibrium methods or another
factor of safety using a method acceptable to Ohio EPA when assessed for deep
seated translational and deep seated rotational failure mechanisms of internal
slopes, interim slopes, and final slopes for undrained conditions resulting
from loading or unloading of the slopes. The analysis shall assume that the
weight of the material is loaded or unloaded all at one time without time for
pore pressure dissipation or, if the facility is designed using staged loading
calculations, then the analysis assumes that the weight of the material is
loaded or unloaded all at one time at the end of the time it takes to construct
the stage. (e) Include calculations for seismic slope deformation that
demonstrate deformations in the cap system are limited to thirty centimeters
and deformations in the bottom liner are limited to fifteen centimeters when
assessed for any of the following failure modes and conditions: (i) Deep-seated
translational and deep-seated rotational failure mechanisms of final slopes for
drained conditions and as applicable conditions representing the presence of
excess pore water pressure at the onset of loading or unloading. For slopes
containing geosynthetic interfaces, large displacement shear strength
conditions shall be used for any soil to geosynthetic or geosynthetic to
geosynthetic interfaces. (ii) Shallow
translational and shallow rotational failure mechanisms of final slopes for
unsaturated conditions. For slopes containing geosynthetic interfaces, large
displacement shear strength conditions shall be used for any soil to
geosynthetic or geosynthetic to geosynthetic interfaces. (f) Have a factor of safety against liquefaction of not
less than 1.00 for internal slopes, interim slopes and final
slopes. (g) Have a factor of safety for static slope stability of
not less than 1.10 using two dimensional limit equilibrium methods or other
methods acceptable to Ohio EPA when assessed for any of the following failure
modes and conditions: (i) If specified by Ohio
EPA, shallow translational and shallow rotational failure mechanisms of
internal slopes in which the protective soils over the leachate collection
layer have reached field capacity with calculations using the maximum head
predicted for the fifty year, one hour design storm. (ii) Shallow
translational and shallow rotational failure mechanisms of final slopes in
which the cover soils over the drainage layer have reached field capacity with
calculations using the maximum head predicted for the one hundred year, one
hour design storm. (h) The design of any geosynthetic materials specified as
an engineered component, including but not limited to, flexible membrane liner,
and geosynthetic clay liner, shall not rely on any of the tensile qualities of
the geosynthetic component. (C) Material suitability testing. The results of the
following tests shall meet all applicable specifications in this rule and the
set of approved parameters in the permit to install application that were
established by the slope stability analysis, be evaluated and signed and sealed
by a professional engineer registered in the state of Ohio, and be submitted to
the appropriate Ohio EPA district office not later than seven days prior to the
intended use of the materials in the construction of the scrap tire monofill
facility: (1) For the soil material
used in construction of the recompacted soil liner and cap soil barrier layer,
all of the following performed on representative samples: (a) Recompacted permeability at construction specifications
at a frequency of no less than once for every ten thousand cubic
yards. (b) The maximum dry density and optimum moisture content in
accordance with ASTM D698 or ASTM D1557 at a frequency of no less than once for
every one thousand five hundred cubic yards. (c) Grain size distribution in accordance with ASTM D6913
and ASTM D7928 at a frequency of no less than once for every one thousand five
hundred cubic yards on recompacted soil liner material and at a frequency of no
less than once for every three thousand cubic yards on cap soil barrier
layer. (d) Atterberg limits in accordance with ASTM D4318 at a
frequency of no less than once for every one thousand five hundred cubic yards
on recompacted soil liner material and at a frequency of no less than once for
every three thousand cubic yards on cap soil barrier layer. (e) For recompacted soil liner, the dispersive clay soils
classification by pinhole test in accordance with ASTM D4647 at a frequency of
no less than once for every fifty thousand cubic yards. (2) For geosynthetic clay liner, the
following: (a) If the internal drained shear strength is at higher
risk of slope failure than the interfaces tested in accordance with paragraph
(E) of this rule, the internal drained shear strength in accordance with ASTM
D6243 at least twice for the initial use and at least once for each subsequent
construction event. Tests involving geosynthetic clay liner material shall be
conducted with hydrated samples. [Comment: If a shear stress point plots below
the Mohr-Coulomb shear strength failure envelope defined by the specified
factor of safety, it will be considered a failed test.] (b) The dry bentonite mass (at zero per cent moisture
content) per square foot of geosynthetic clay liners in accordance with ASTM
D5993 at a frequency of no less than once per fifty thousand square
feet. (3) For the granular drainage material
used as drainage medium, permeability in accordance with ASTM D2434 to be
tested at least once for every three thousand cubic yards of
material. (4) For any geocomposite drainage layer,
to be tested for transmissivity in accordance with ASTM D4716 at the maximum
projected load and a frequency of once per five hundred thousand square feet
performed in a manner representing field conditions. (5) For soil material used as cap
protection layer and to be classified as a "CL" in accordance with
ASTM D2487, the following: (a) Grain size distribution in accordance with ASTM D6913
and ASTM D7928 at a frequency of no less than once for every three thousand
cubic yards. (b) Atterberg limits in accordance with ASTM D4318 at a
frequency of no less than once for every three thousand cubic
yards. (6) For soil material used as added
geologic material, the following: (a) The maximum dry density and optimum moisture content in
accordance with ASTM D698 or ASTM D1557 at a frequency of no less than once for
every ten thousand cubic yards. (b) The recompacted laboratory permeability in accordance
with ASTM D5084 at a frequency of no less than once for every ten thousand
cubic yards. (c) The dispersive clay soils classification by pinhole
test in accordance with ASTM D4647 at a frequency of no less than once for
every fifty thousand cubic yards. (d) Atterberg limits in accordance with ASTM D4318 at a
frequency of no less than once for every three thousand cubic
yards. (7) For soil material
used as structural fill, the maximum dry density and optimum moisture content
in accordance with ASTM D698 or ASTM D1557 at a frequency of no less than once
for every ten thousand cubic yards. (D) For geosynthetics, other synthetic materials, and joint
sealing compounds used in the construction of flexible membrane liner,
geosynthetic clay liner, and leachate management system, the materials shall
comply with the following: (1) Be shown to be
physically and chemically resistant to attack by the scrap tires, leachate, or
other materials that they may come in contact with, in accordance with USEPA
method 9090 or other documented data. Chemical compatibility testing may be
necessary if specified by the director. (2) Be shown to have
properties acceptable for installation and use. (E) Pre-construction interface testing and reporting. The
specific soils and representative samples of the geosynthetic materials that
will be used at the site shall be tested for interface shear strength over the
entire range of normal stresses that will develop at the facility. Prior to the
initial use of each specific geosynthetic material in the construction of
engineered components at a facility, the appropriate shear strengths for all
soil to geosynthetic and geosynthetic to geosynthetic interfaces that include
the material shall be determined at least twice in accordance with ASTM D5321
or ASTM D6243 and at least once for each subsequent construction event using
samples of the materials identified by the initial two tests to be at the
highest risk for slope failure. Tests involving the flexible membrane liner
interface shall be conducted with a recompacted soil that has the highest
moisture content and the lowest density specified for construction of the
recompacted soil liner. Tests involving geosynthetic clay liner material shall
be conducted with hydrated samples. The results of pre-construction testing
specified in this rule shall meet all applicable specifications in this rule
and the set of approved parameters in the permit to install application that
were established by the slope stability analysis, be evaluated and signed and
sealed by a professional engineer registered in the state of Ohio, and be
submitted to the appropriate Ohio EPA district office not later than seven days
prior to the intended use of the materials. (F) Quality assurance/quality control.
The owner or operator of a scrap tire monofill facility shall demonstrate that
the construction of the facility will be in accordance with the applicable
authorizing documents including any approved permit to install in a quality
assurance/quality control plan that includes the following, as
applicable: (1) The following
components: (a) In-situ foundation preparation. (b) Added geologic material. (c) Structural fill. (d) Liner system. (e) Leachate management system. (f) Cap system. (g) Ground water control structures. (h) Surface water control structures. (i) Facility survey mark. (j) Access roads. (2) The following testing
procedures: (a) Sampling and testing procedures to be used in the field
and in the laboratory. (b) Testing frequency. (c) Parameters and sample locations. (d) Procedures to be followed if a test fails. (e) The management structure and the experience and
training of the testing personnel. (f) Contingency plan if construction difficulties are
anticipated. (G) All tests failing to meet the
specifications outlined in this rule shall be investigated. An area with a
verified failure shall be reconstructed to meet specifications and retested at
a frequency acceptable to the director. Reconstruction and retesting shall be
performed in accordance with paragraph (C) of rule 3745-580-710 of the
Administrative Code. (H) Construction certification report.
Pursuant to paragraph (C) of rule 3745-580-710 of the Administrative Code and
paragraph (H) of rule 3745-580-725 of the Administrative Code, the owner or
operator of a scrap tire monofill facility shall submit a certification report
prepared and sealed by a professional engineer registered in Ohio to Ohio EPA
and the approved board of health. The owner or operator may submit all
certification reports for concurrence after construction of both the liner and
leachate collection systems, prior to the acceptance of scrap tires, or upon
installation of any of the engineering components specified in the liner and
leachate collection systems in each phase of the scrap tire monofill facility
construction. The certification report shall include the
following: (1) Results of all
testing specified in this rule and the testing specified in the quality
assurance/quality control plan. (2) Any alterations and
all other changes are to be presented as follows: (a) A listing of all alterations previously concurred with
by Ohio EPA and a copy of all concurrence letters. (b) All alteration requests and supporting documentation
which are proposed by the owner or operator for concurrence with the
construction certification report. [Comment: Paragraph (C) of rule 3745-580-710
of the Administrative Code specifies that the owner or operator needs to obtain
Ohio EPA's written concurrence with the certification report prior to
placing scrap tires in the phase.] (c) A list of any other changes made by the owner or
operator that do not need Ohio EPA concurrence but that affect construction or
the record drawing. [Comment: The listing of these changes is for
Ohio EPA's informational purposes only.] (3) Record drawings of
the constructed facility components showing the following: (a) Plan views showing the grades of the following, as
appropriate: (i) The limits of
excavation. (ii) The bottom of the
recompacted soil liner or barrier layer. (iii) The top of the
recompacted soil liner or barrier layer. (iv) The configuration of
the leachate management system and the top of the drainage layer. (v) The limits of
emplaced waste. (vi) The top of the cap
system. (vii) The surface water
management system. (viii) Access
roads. (b) Plan view of the location of ground water control
structures, if applicable. (c) Plan views of the deployment of the flexible membrane
liner panels and the locations of and identification of the destructive tests
and all repairs. (d) Cross sections of the phase at closure taken at the
same locations and using the same scale as in the approved permit to install or
at an interval no greater than every three hundred feet of length and width
that show the following: (i) The limits of
excavation. (ii) The limits of
emplaced waste. (iii) Final grade
including the cap system. (e) Necessary details. (4) For a scrap tire
monofill facility, after the initial construction and establishment of the
facility survey mark, the following information summarizing the activities
performed to construct and establish the facility survey mark: (a) The geodetic survey datasheet of each control point
used to establish the horizontal and vertical coordinates of the survey
mark. (b) A table listing the horizontal and vertical coordinates
of each control point and survey mark. (c) A summary of surveying activities performed in
determining the coordinates of the facility survey mark. (d) A plan sheet clearly identifying the location of the
survey mark, the control points, and the limits of waste placement on a road
map with a scale of one inch equals no greater than one mile. (e) A detailed drawing illustrating the design of the
facility survey mark, as constructed. (5) Documentation
demonstrating that any oil or gas wells that have been identified within the
limits of solid waste placement have been properly plugged and abandoned in
accordance with Chapter 1509. of the Revised Code prior to any construction in
the area of the well. (6) Qualifications of
construction, testing, and construction quality assurance and control personnel
including a description of the experience, training, responsibilities in
decision making, and other qualifications of the personnel that provided
construction oversight and conducted all the testing on the engineered
component for which the certification report is submitted. (7) A signed statement
that to the best of the knowledge of the owner or operator of the scrap tire
monofill facility, the certification report is true, accurate, and contains all
information specified paragraph (E) of this rule. (I) Submergence facilities. The owner or operator of a
scrap tire submergence facility shall comply with the following construction
requirements: (1) All construction
requirements specified in this rule except the following: (a) Paragraph (B)(6) of this rule. (b) Paragraph (B)(11) of this rule. (c) Paragraphs (F)(1)(e) and (F)(1)(f) of this
rule. (d) Paragraphs (H)(3)(a)(iv), (H)(3)(a)(v), and
(H)(3)(d)(iii) of this rule. (2) A flexible membrane
liner may be placed on top of one of the options for a recompacted soil liner
described in paragraph (B)(4)(k) of this rule. (3) A flexible membrane
liner that is placed on the recompacted soil liner or recompacted soil barrier
layer and meets the following: (a) Be sixty mil high density polyethylene
(HDPE). (b) Be an other material or thickness if the flexible
membrane liner meets at a minimum the following: (i) Be negligibly
permeable to fluid migration. (ii) Be physically and
chemically resistant to chemical attack by the scrap tires, leachate, or other
materials that may come in contact with the flexible membrane
liner. (iii) Have properties for
installation and use that are acceptable to Ohio EPA. (iv) Have a minimum
thickness of forty mils. (c) Be installed as follows: (i) For installations
exceeding ten thousand square feet, with at least one welding technician having
seamed a minimum of one million square feet of flexible membrane liner present
during installation. (ii) Be seamed to allow
no more than negligible amounts of leakage with seaming material that is
physically and chemically resistant to chemical attack by the scrap tires,
leachate, or other materials that may come in contact with the
seams. (iii) On a seaming area
that is cleaned of deleterious materials immediately prior to
seaming. (iv) Be tested in
accordance with the following, unless the manufacturer's specifications
for testing are more stringent: (a) For the purpose of
testing every seaming apparatus in use each day, peel and shear tests performed
on scrap pieces of flexible membrane liner at the beginning of the seaming
period and every four hours thereafter. (b) Nondestructive
testing performed on one hundred per cent of the flexible membrane liner
seams. (c) Destructive testing
for peel and shear performed at least once for every one thousand feet of seam
length. An alternative means may be used if it is demonstrated to Ohio EPA that
the alternative means meets the requirements of this paragraph. (d) Electrical leak
locations testing in accordance with ASTM D7002, ASTM D7703, ASTM D7240, or
ASTM D7953 performed on one hundred per cent of the flexible membrane liner
prior to initial backfill over the flexible membrane liner. (e) Electrical leak
locations testing in accordance with ASTM D6707 performed on one hundred per
cent of the flexible membrane liner after initial backfilling over the flexible
membrane liner. (v) Be protected with a
sixteen ounce liner cushion layer if the potential exists for the flexible
membrane liner to come in contact with any sharp edged protrusions or any
particles protruding more than one quarter of one inch. The liner cushion layer
shall account for the weight of the overlying waste mass and have
pre-construction interface testing performed according to paragraph (E) of this
rule. If shredded tires are used in the leachate collection layer, a cushion
layer consisting of sand, or other material with low puncture risk, a minimum
of ten inches thick shall be used. (4) Alternatives to the
construction requirements in paragraph (B) of this rule may be used if it is
demonstrated to the satisfaction of the director or the director's
authorized representative that the alternative provides equivalent protection
of human health, safety, and the environment.
Last updated January 8, 2024 at 2:43 PM
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Rule 3745-580-710 | Operation of a scrap tire monofill facility.
(A) Applicability. The owner or operator
of a scrap tire monofill facility shall comply with the requirements and
operational criteria specified in this rule until the final closure
certification specified in paragraph (H) of rule 3745-580-725 of the
Administrative Code is submitted and the post-closure care period
begins. (B) Compliance. The owner or operator
shall conduct operations at a scrap tire monofill facility as
follows: (1) In strict compliance
with the applicable authorizing documents and in accordance with rules adopted
under Chapter 3734. of the Revised Code. (2) In such a manner that noise, dust,
and odors are strictly controlled so as not to cause a nuisance or a health
hazard. (3) In a manner that does not cause water
pollution pursuant to Chapter 6111. of the Revised Code and does not violate
any regulation adopted under Chapter 3704. of the Revised Code. (4) Obtain a valid
license prior to commencement of operations and annually thereafter in
accordance with Chapter 3745-501 of the Administrative Code. (C) Construction certification,
concurrence, and compliance. (1) Prior to receipt of
scrap tires, the owner or operator shall properly plug and abandon any oil
wells and gas wells within the proposed limits of scrap tire placement in
accordance with Chapter 1509. of the Revised Code. (2) Construction
certification and concurrence. After the installation of any of the engineered
components specified in rule 3745-580-705 of the Administrative Code other than
the cap system, in any cell of any phase of a scrap tire monofill facility, the
owner or operator shall not accept scrap tires in the phase until the following
occur: (a) A construction certification report for the phase,
prepared in accordance with the paragraph (H) of rule 3745-580-705 of the
Administrative Code, has been submitted to Ohio EPA and the approved board of
health. (b) The owner or operator has received written concurrence
from the appropriate Ohio EPA district office for the components specified in
paragraph (F)(1) of rule 3745-580-705 of the Administrative Code. (3) Construction
compliance. Upon discovery by the owner or operator, or upon notification by
Ohio EPA that a failed test or an alteration has occurred in construction of
any engineered component or portion of the facility, the owner or operator
shall comply with the following procedures: (a) Failed test. For the purposes of this rule, a failed
test occurs when a test performed on a component of the scrap tire monofill
facility yields a result that does not meet the specifications outlined in the
applicable authorizing document or other requirements of this chapter. If,
prior to submission of the construction certification report for the component
or portion of the facility, the owner or operator determines that there is a
failed test, the owner or operator shall do the following: (i) Assess the component
or portion of the facility to determine if the construction is in compliance
with the applicable authorizing document or other requirements of this
chapter. (ii) Implement measures
to attain compliance with the applicable authorizing document or other
requirements of this chapter. An area with a verified failure shall be
reconstructed and retested at a frequency sufficient to demonstrate to Ohio EPA
that compliance has been achieved. (b) Alteration. For an alteration, the
following: (i) Include the
applicable testing results and an explanation of the alteration in the
certification report alterations section specified in rule 3745-580-705 of the
Administrative Code. (ii) Provide a
demonstration in the certification report that the alteration is at least
equivalent to the requirement in the applicable authorizing document or other
requirements of this chapter. (iii) Submit the
certification report to Ohio EPA and the approved board of health. (iv) Continue to comply
with paragraph (C)(2) of this rule. [Comment: Paragraph (C)(3)(b) of this rule
applies only to a change that qualifies as an alteration as that term is
defined in rule 3745-500-02 of the Administrative Code. Paragraph (A) of rule
3745-580-701 of the Administrative Code specifies an owner or operator to
obtain a permit to install prior to the establishment of a new or modification
of an existing scrap tire monofill facility. Obtaining concurrence for an
alteration in accordance with the procedures outlined in paragraph (C)(3) of
this rule does not relieve the owner or operator from liability for failure to
obtain a permit to install to modify the facility if the change being addressed
constitutes a modification.] (c) Detection after submission of certification report. For
a certification report that is in error because a failed test or alteration was
detected after submission of the construction certification report to Ohio EPA,
the following: (i) Notify the
appropriate Ohio EPA district office and the approved board of health of the
noncompliance not later than twenty-four hours after discovery by telephone and
not later than seven days after discovery in writing. (ii) Not later than
fourteen days after submitting the written notification specified in paragraph
(C)(3)(c)(i) of this rule, either of the following: (a) Comply with the
applicable steps outlined in paragraph (C)(3)(a) of this rule and amend and
resubmit the construction certification report to explain the circumstances and
how compliance was achieved. (b) Submit the
information specified in paragraph (C)(3)(b) of this rule. [Comment: Compliance with paragraph
(C)(3)(c) of this rule does not relieve the owner or operator from liability
for failure to construct or operate the scrap tire monofill facility in strict
compliance with the applicable authorizing documents, other requirements of
this chapter, or for failure to submit a certification report that is true,
accurate, and complete as specified in rule 3745-580-705 of the Administrative
Code.] (4) The owner or operator
of a scrap tire monofill facility shall maintain the integrity of the
engineered components of the facility, investigate any damaged engineered
components, and repair or reconstruct any damage or failure in compliance with
the existing applicable authorizing documents. If a redesign is necessary, the
owner or operator of the scrap tire monofill facility shall obtain prior
approval of an alteration or modification. (D) General operational
criteria. (1) Financial assurance.
The owner or operator shall ensure financial assurance is executed and
maintained as follows: (a) Executed and funded prior to license issuance in
accordance with rule 3745-503-05 of the Administrative Code for the closure
cost estimate calculated in accordance with rule 3745-580-22 of the
Administrative Code. (b) Maintained annually in accordance with rule 3745-580-22
of the Administrative Code. (2) Access. (a) The owner or operator shall construct and maintain
all-weather access roads within the facility boundary in such a manner as to
withstand the anticipated degree of use and allow passage of the loaded refuse
vehicles at all times, with minimum erosion and dust generation. (b) The owner or operator shall limit access to the
facility by non-employees except during operating hours when operating
personnel are present. The owner or operator shall, at all times, limit access
to the facility as necessary to prevent scavenging and salvaging operations not
conducted in accordance with paragraph (D)(5) of this rule. This paragraph does
not apply to the board of health, the director, or an authorized
representative, who upon proper identification may enter the facility at any
time to determine compliance with this chapter. (3) The owner or operator shall clear
naturally occurring vegetation to the extent necessary for proper operation of
the facility. (4) Equipment. The owner or operator
shall ensure that operable equipment of adequate size and quantity for the
operations of the facility is available at all times, or that a prepared
contingency plan is implemented to properly handle and dispose of scrap tires
in the event of equipment failure. The owner or operator shall have adequate
equipment, material, and services available at or near the facility to control
fire. (5) Scavenging and salvaging. The owner
or operator may only conduct salvaging in a manner authorized by Ohio
EPA. (6) Personnel. The owner or operator
shall ensure that operations at the facility are performed by individuals who
are thoroughly familiar with proper operational procedures and with the
approved detail plans, specifications, and information. (7) Inclement weather. The owner or
operator shall ensure preparations have been made such that, during inclement
weather, the facility is able to receive and cover incoming scrap tires. The
preparations shall include but are not limited to construction and maintenance
of all-weather access roads leading from the point where loaded vehicles enter
the site to the inclement weather areas, construction and maintenance of
storage areas dedicated for use only during inclement weather, and stockpiling
of cover material. (8) Waste acceptance and
placement. (a) Prior to accepting scrap tires at a new facility, in a
lateral expansion area, or in a vertical expansion, the owner or operator shall
comply with the applicable requirements for leachate treatment or disposal,
discharges to surface waters, management of surface water runoff, and air
emissions. (b) Prior to accepting scrap tires in the first phase of a
new scrap tire monofill facility, the owner or operator shall ensure the
facility has been inspected by the licensing authority and that written
concurrence has been received stating that the facility is ready to begin
accepting scrap tires for disposal. (c) The owner or operator shall not begin filling in a new
phase without completing the previous phase, except to the extent necessary for
the proper operation of the scrap tire monofill facility. (d) The owner or operator shall confine unloading of scrap
tires to the scrap tire handling area and ensure that unloading is supervised
by competent operating personnel and that the amount is kept within permitted
limits. (e) The owner or operator shall not deposit scrap tires
that are burning or at a temperature likely to cause fire at the working face.
The owner or operator shall deposit such material in a separate location at a
sufficient distance from the working face to prevent fires from spreading to
the working face and immediately extinguish the scrap tires by covering them
with a sufficient amount of earth or other material, or by spraying them with
water or other appropriate fire suppressant. The owner or operator shall notify
the board of health and the Ohio EPA district office not later than twenty-four
hours prior to placing the material in the working face. (f) To ensure extinguishment and prior to placement at the
working face for disposal, the owner or operator shall ensure that burned tire
product is cooled to ambient air temperature and scrap tires are completely
extinguished before they are placed in the scrap tire monofill or moved to
another site. (g) The owner or operator shall ensure that any scrap tires
arriving at the facility not immediately placed in the working face or scrap
tires in an unprocessed form are placed at the facility's temporary scrap
tire storage area as specified in paragraph (D)(15) of this rule. (h) Except as provided in paragraph (D)(8)(e) of this rule,
the owner or operator shall ensure that scrap tires admitted to the facility
are deposited at the working face or in the temporary storage area. An
alternative method may be used if approved by the director. During periods when
inclement weather prevents compliance with this rule, the scrap tires shall be
deposited at the area prepared in accordance with paragraph (D)(7) of this
rule. (i) Only off the road construction and mining equipment
tires that have a bead width of at least fourteen inches or larger and a rim or
wheel diameter of a least twenty-four inches or larger are authorized to be
placed in the working face of a monofill without being processed. The owner or
operator shall place the scrap tires in the working face and fill with either
soil, processed tires, or other material approved for disposal at the facility
to prevent possible future settling above these scrap tires. (j) The owner or operator shall not deposit processed scrap
tires in the working face of the monofill in depths greater than ten feet prior
to applying geo-textile fabric and a soil layer, a minimum of twenty-four
inches thick. (9) The owner or operator shall perform
chemical compatibility testing if the director determines that such testing is
necessary to demonstrate that the scrap tires to be received at the facility
will not compromise the integrity of any material used to construct the
facility. (10) Inspection. (a) The owner or operator shall inspect the scrap tire
monofill facility at least daily for ponding, erosion, and leachate outbreaks
and make available to the licensing authority written results of the
inspections, including any corrective actions employed. (b) The owner or operator shall inspect sedimentation ponds
and sedimentation pond discharge structures, including pipes, ditches, and
culverts, at least weekly for erosion, clogging, or failure, and take prompt
corrective action, if necessary. The owner or operator of a scrap tire monofill
facility shall maintain a log including inspection results, any corrective
actions, and the date and weather conditions for any water quality samples, and
provide the log to the licensing authority upon request. (11) Approved permit to install, detail
plans, and specifications. The owner or operator shall ensure a copy of the
approved permit to install, detail plans, specifications, and information is
maintained at the facility and is available and is available for inspection by
the board of health, director, or an authorized representative, upon request
during normal operating hours. (12) The owner or operator of a facility
shall not admit scrap tires to any area of the facility until site preparations
for that area have been completed, necessary equipment has been brought to the
facility, the facility has been adequately prepared for operation, and the
prepared site has been inspected by the licensing authority. (13) The owner or operator shall clean out
sedimentation ponds completely, to ensure the proper operation of the ponds
when the volume of settled particles necessitates cleaning based either on
inspection results or on the sediment pond design calculations specified in
paragraph (C)(5)(k) of rule 3745-580-701 of the Administrative
Code. (14) The owner or operator shall comply
with the record keeping and reporting requirements contained in rule
3745-580-715 of the Administrative Code. (15) Temporary storage of scrap tires. The
owner or operator of the scrap tire monofill facility may maintain a temporary
scrap tire storage area. The owner or operator of the scrap tire monofill
facility shall ensure the temporary scrap tire storage area does not exceed ten
thousand square feet and store whole, cut, baled, rough shredded scrap tires,
and processed scrap tire shreds in a manner that ensures the
following: (a) Each scrap tire storage pile is limited to no greater
than two thousand five hundred square feet in area. (b) For processed scrap tires measuring less than four
inches in any dimension, each storage pile is limited to dimensions of one
hundred and twenty-five feet long and fifty feet wide. (c) A minimum isolation distance of fifty feet from
possible ignition sources is maintained. (d) Scrap tire storage areas and fire breaks are free of
combustible materials and obstructions. (e) For inside storage, the following: (i) An aisle width
between scrap tire storage piles of at least eight feet. (ii) A clearance distance
of at least eighteen inches from the top of the scrap tire storage piles to
sprinkler deflectors. (iii) A clearance
distance of at least three feet from the top of the scrap tire storage piles to
roof structures. (iv) A clearance distance
of at least three feet from the top of the scrap tire storage piles to heaters,
ducts, and flues, or in accordance with the clearance distances recommended by
the equipment manufacturer. (f) For outside storage, the following: (i) Scrap tires are not
located under the following: (a) Bridges. (b) Elevated trestles,
roadways, or railroads. (c) Electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems. (ii) Scrap tire storage
piles are no greater than fourteen feet high. (iii) Fire breaks meet
the specifications of rule 3745-580-07 of the Administrative Code. (iv) Storage piles may be
larger than specified in this rule if approved by the director. (E) Cell cover. The owner or operator
shall apply cover to exposed scrap tires in the cell at the end of the work
week to control fire hazards, insects, vectors, and rodents. Cover material
shall be nonputrescible, not be solid waste, and not contain large objects in
such quantities as may interfere with its application and intended purpose of
preventing the ignition and spread of a fire at the facility, the movement of
leachate from ponding, and the breeding of mosquitoes. (1) Cell cover shall be a
minimum of twelve inches thick and be removed or prepared as necessary so as
not to impede the flow of leachate to the leachate collection system within the
limits of waste placement prior to the placement of the next layer of scrap
tires in that area. The soil for the cell cover shall meet either of the
following: (a) Possess properties of a fine-grained soil as defined in
the unified soil classification system described in ASTM D2487-00. (b) Be an alternative soil type authorized by Ohio EPA to
provide comparable protection and is protective of human health and the
environment. (2) Frequencies, other
than weekly, may be authorized by Ohio EPA to provide comparable and adequate
protection. (F) Intermediate cover. (1) To minimize
infiltration and prevent fire and mosquito breeding, the owner or operator
shall apply intermediate cover to filled areas of the facility where additional
scrap tires are not to be deposited for at least one hundred eighty days. Ohio
EPA may authorize the use of an alternative time period if the owner or
operator can demonstrate to Ohio EPA that, through use of the alternative time
period, infiltration or ponding of water that may breed mosquitoes, and the
possibility of fire, will not be increased. (2) Intermediate cover
material shall be nonputrescible and have low permeability to water, good
compactability, cohesiveness, and relatively uniform texture, and not contain
large objects in such quantities as may interfere with its application and
intended purpose of preventing the ignition and spread of fire, the movement of
leachate from ponding, and the breeding of mosquitoes. (3) The owner or operator
shall use a layer of geo-textile fabric and a soil layer, a minimum of
twenty-four inches thick. The soil for the intermediate cover shall meet either
of the following: (a) Possess properties of a fine-grained soil as defined in
the unified soil classification system described in ASTM D2487. (b) Be an alternative soil type acceptable to Ohio
EPA. (4) The owner or operator
shall remove or prepare intermediate cover in an area as necessary prior to the
placement of the next layer of scrap tire in that area so as not to impede the
flow of leachate to the leachate collection system within the limits of waste
placement. (5) The owner or operator
shall perform measures to protect the intermediate cover from erosion if the
intermediate cover is exposed or will be exposed for more than one hundred
eighty days. (G) Final cover. The owner or operator
shall construct the final cap system when a phase has reached approved final
elevations of scrap tire placement, in accordance with paragraph (B)(11) of
rule 3745-580-705 of the Administrative Code. (H) Scales. The owner or operator of a
scrap tire monofill facility shall use scales as the sole means of determining
gate receipts. Scales shall be inspected, tested, and approved by the county
auditor or city sealer having jurisdiction where the scale is located and meet
the specifications, tolerances, and regulatory requirements of section 1327.49
of the Revised Code. (I) Surface water
management. (1) The owner or operator
shall ensure that surface water at a scrap tire monofill facility is diverted
from areas where scrap tires are being, or have been, deposited. The owner or
operator shall ensure that a scrap tire monofill facility is designed,
constructed, maintained, and provided with surface water control structures
that control run-on and runoff of surface water. The surface water control
structures shall ensure minimal erosion and infiltration of water through the
cover material and cap system and be designed in accordance with paragraph
(B)(8) of rule 3745-580-705 of the Administrative Code. (2) The owner or operator
shall manage surface water in compliance with the requirements of Chapter 6111.
of the Revised Code. (3) If ponding or erosion
occurs on areas of the scrap tire monofill facility where scrap tires are
being, or have been, deposited, the owner or operator shall undertake actions
as necessary to correct the conditions causing the ponding or
erosion. (4) If a substantial
threat of surface water pollution exists, the director or board of health may
require the owner or operator to monitor the surface water. (J) Leachate management. (1) The owner or operator
shall operate the leachate collection system to maintain no more than one foot
of head anywhere on the in situ or added geologic material or constructed
liner, with the exception of the sump areas. (2) If a leachate outbreak occurs at the
scrap tire monofill facility, the owner or operator shall repair the outbreak
and do the following: (a) Contain and properly manage the leachate at the
facility. (b) If necessary, collect and dispose of the leachate in
accordance with paragraphs (J)(6) and (J)(7) of this rule. (c) Take action to minimize, control, or eliminate the
conditions which contribute to the production of leachate. (3) The owner or operator shall maintain
at least one lift station back-up pump at the scrap tire monofill facility at
all times. (4) The owner or operator shall visually
or physically inspect the collection pipe network of the leachate management
system after placement of the initial lift of scrap tires and annually
thereafter to ensure that clogging of the collection pipe network has not
occurred. (5) If authorized by Ohio EPA, the owner
or operator may temporarily store leachate within the limits of waste placement
until the leachate can be treated and disposed as outlined in rule 3745-580-701
of the Administrative Code. (6) The owner or operator shall treat and
dispose of collected leachate in accordance with the one of the
following: (a) On site at the scrap tire monofill
facility. (b) Through on-site pretreatment at the scrap tire monofill
facility and off-site disposal. (c) Off-site of the scrap tire monofill
facility. (7) The owner or operator shall prepare a
contingency plan for the storage and disposal of leachate and place a copy in
the operating record. The plan shall describe the immediate and long-term
steps, including the identification of available back-up treatment facilities
if applicable or the setting aside of land for the construction and operation
of an on-site treatment facility to be taken for leachate management in the
event that collected leachate cannot be managed in accordance with the
management option selected in paragraph (J)(6) of this rule. (8) If a substantial threat of water
pollution exists from the leachate entering surface waters, the director or
health commissioner may require the owner or operator to monitor the surface
water. (K) [Reserved.] (L) [Reserved] (M) Ten-year design demonstration. Upon
every tenth anniversary of the effective date of the initial permit to install
issued to the owner or operator of the scrap tire monofill facility pursuant to
Chapter 3734. of the Revised Code and each tenth anniversary thereafter, the
owner or operator shall submit to Ohio EPA an analysis demonstrating that the
design of the unconstructed portions of the facility continues to be consistent
with the design standards established in the current version of rule
3745-580-705 of the Administrative Code. If the director determines that the
design is no longer consistent with the standards established in the current
version of rule 3745-580-705 of the Administrative Code, then the director may
require the owner or operator to make the necessary changes to the scrap tire
monofill facility to bring the facility into compliance with the design
standards in the current version of rule 3745-580-705 of the Administrative
Code. If these changes will result in deviations from what is contained in the
current authorizing document, the owner or operator shall obtain the
appropriate authorization from Ohio EPA prior to making the changes. If a
permit to install application is required, the director shall not apply the
criteria outlined in paragraph (H) of rule 3745-580-703 of the Administrative
Code when considering the permit to install application. [Comment: A deviation may be an alteration, a
modification, or another change depending upon the significance of the
deviation.] (N) Submergence facilities. The following
are not applicable to a scrap tire submergence facility: (1) Paragraph (D)(8)(a)
of this rule. In lieu of paragraph (D)(8)(a) of this rule, prior to accepting
scrap tires at a new scrap tire submergence facility or an expansion of an
existing scrap tire submergence facility, the owner or operator shall comply
with the applicable requirements in Chapter 3704. or 6111. of the Revised
Code. (2) Paragraph (D)(8)(c)
of this rule. (3) Paragraph (E) of this
rule. (4) Paragraph (F) of this
rule. (5) Paragraph (G) of this
rule. (6) Paragraph (J) of this
rule.
Last updated January 8, 2024 at 2:44 PM
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Rule 3745-580-715 | Record keeping and reporting requirements for a scrap tire monofill facility.
(A) Daily log of operations. (1) The owner or operator
shall keep a daily log of operations of the facility that contains all the
information specified in paragraph (A)(5) of this rule on forms prescribed by
the director. All entries specified in the log form shall be completed. The
owner or operator may use alternative forms, either in paper or electronic
formats, for the daily log of operations provided that all of the information
requested on the prescribed forms is present. (2) A copy of the log
shall be available for inspection by the board of health, director, or an
authorized representative during normal operating hours. (3) Upon request by Ohio
EPA, the owner or operator shall submit log forms or summaries of daily logs to
Ohio EPA or the board of health. (4) The owner or operator
shall make the completed daily logs available for inspection at the facility
for a minimum of three years. The records retention period may be extended
during the course of any unresolved litigation or upon request by Ohio EPA. The
three-year period for retention of records shall begin on the date the daily
log form is completed. (5) At a minimum, the
daily log of operations shall include the following: (a) The name, location, and contact information for the
facility. (b) The name and signature of the person entering the
information into the log of operations. (c) Information regarding each load, hauler, vehicle or
container, and the generator. (d) A description of unauthorized material discovered at
the facility, including the amount of unauthorized material and actions taken
in response. (e) Information regarding any incident of damage or failure
of an engineered component, and observations of nuisance
conditions. (f) Inspection documentation. (g) Any other information as specified in this chapter and
Chapter 3745-502 of the Administrative Code to be recorded on the log of
operations, and any other information the director may request to document
compliance with Chapter 3734. of the Revised Code. (B) Annual operational report. The owner or operator shall
submit an annual operational report to the appropriate Ohio EPA district office
not later than the first day of April of each year that at a minimum includes
the following information summarizing the previous calendar year's
operations: (1) A topographic map of
the facility, certified by a professional skilled in the appropriate
discipline, with updated contour lines on the plan drawing containing
information specified in rule 3745-580-701 of the Administrative Code. The
scale and contour interval shall be consistent with the approved plans. At a
minimum, the owner or operator shall identify the following: (a) The calendar year that the submittal
represents. (b) The acreage and areal extent of each phase of
construction. (c) The acreage and areal extent of areas that have a final
cap system. (d) The acreage and areal extent of areas that have
intermediate cover. (e) The acreage and areal extent of the current working
phase and cell. (f) The projected phase and cell for filling in the coming
year. (g) Access roads and buildings. (h) On-site borrow areas and cover material
stockpiles. (i) A comparison of the actual vertical and horizontal
limits of emplaced scrap tires to the vertical and horizontal limits of scrap
tire placement authorized in the applicable authorizing documents, including an
approved permit to install, shown on a cut/fill map. Any areas indicating a cut
greater than two feet shall contain notes regarding the precise elevation of
scrap tires, the volume, the maximum depth, and the average depth. [Comment: The submittal of this information
does not relieve an owner or operator from complying with applicable
authorizing documents or correcting violations.] (2) For a scrap tire
monofill facility not owned by a generator exclusively disposing of scrap tires
generated at the premises owned by the generator, a summary of the daily logs
for the year. (3) An estimate of the remaining scrap
tire monofill facility life, in years, and an estimate of the remaining volume
of the scrap tire monofill facility to be filled, in cubic yards. (4) A summary of the quantity of leachate
collected for treatment and disposal on a monthly basis during the year, the
location of leachate treatment or disposal, and verification that the leachate
management system is operating in accordance with rule 3745-580-710 of the
Administrative Code. (5) Results of analytical testing of an
annual grab sample of leachate obtained from the leachate management system for
the parameters specified in rule 3745-580-08 of the Administrative
Code. (6) The most recent updated closure cost
estimate and post-closure care cost estimate adjusted for inflation and for any
change in the closure cost estimate or post-closure care cost estimate
specified in rule 3745-580-22 of the Administrative Code. (7) A summary of any maintenance
performed on the leachate management system and any other monitoring and
control system installed at the scrap tire monofill facility. (8) A certified statement
and signature in accordance with rule 3745-500-50 of the Administrative
Code. (C) Annual scrap tire facility report. The owner or
operator shall, not later than the thirty-first day of January of each year,
prepare an annual report on forms prescribed by the director based on the
facility's daily log of operations. The annual report shall be submitted
to Ohio EPA and include at a minimum the following information: (1) The total weight of
scrap tires received from each registered scrap tire transporter and from the
public that includes an estimate of the percentage of each type of scrap tire
including passenger and light truck tires, semi-truck tires, and other tires.
For scrap tires received from a scrap tire transporter, the annual report shall
include the place of origin of the scrap tires. (2) The total weight of
scrap tires transported from the facility to each scrap tire storage facility,
scrap tire monocell, scrap tire monofill, scrap tire recovery facility, or
other authorized facility or premise. (3) The number of scrap
tires or quantity in weight or volume of scrap tires present at the
facility's temporary scrap tire storage area. (4) The most recently updated closure
cost estimate, adjusted for inflation and for any change in closure cost
estimate, as specified in rule 3745-580-22 of the Administrative
Code. (5) A certified statement and signature
in accordance with rule 3745-500-50 of the Administrative Code. (D) The owner or operator shall retain copies of the annual
operational report and the annual scrap tire facility report for a minimum
period of three years.
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Rule 3745-580-725 | Final closure of a scrap tire monofill facility.
(A) Final closure/post-closure care plan. The final
closure/post-closure care plan containing the following information shall be
submitted as part of a permit to install application and not later than one
hundred and eighty days prior to the anticipated date to cease accepting scrap
tires: (1) The name and location
of the facility. (2) Any variances or
exemptions from the requirements of this rule or rule 3745-580-726 of the
Administrative Code or any alternative schedule for completing final closure
activities. [Comment: For a variance, exemption, or
alternative schedule, the rule requirements are applicable and enforceable
unless a request is submitted and prior approval is received.] (3) The name, address,
email address, and telephone number of the person or office to contact
regarding the scrap tire monofill facility during the final closure and
post-closure care periods. (4) The following
information to be presented in the same manner as outlined in rule 3745-580-705
of the Administrative Code, with the information contained in paragraphs
(B)(4)(a) to (B)(4)(e) of this rule signed and sealed by a professional
engineer registered in Ohio: (a) Plan drawings of the horizontal limits and top
elevations of waste and the cap system, surface water control structures
including permanent ditches to control run-on and runoff, and sedimentation
ponds including the inlet and outlet. (b) An established grid system with northings and eastings
not more than five hundred feet apart. (c) Detail drawings of the composite cap system including
but not limited to the relationship of the composite cap system to the
recompacted soil liner, any penetrations, cap drainage structures and surface
water run-on and runoff control structures. (d) Detail drawings of sedimentation pond and discharge
structures and surface water run-on and runoff control structures. (e) Static and seismic stability analysis. (f) The financial assurance information contained in rule
3745-580-22 of the Administrative Code. (5) A description of
availability and suitability of cap material. (6) The quality
assurance/quality control plan for cap system construction in accordance with
paragraph (F) of rule 3745-580-705 of the Administrative Code. (7) A description of
anticipated measures to control erosion during closure, signed and sealed by a
professional engineer registered in Ohio. (8) Contingency plans for
ground water contamination, leachate, fire, and differential
settling. (B) Mandatory closure. Approval of the final
closure/post-closure care plan does not affect the owner's or
operator's obligations to begin and complete final closure activities in
accordance with paragraph (F) of this rule. The owner or operator shall begin
final closure activities in accordance with the final closure/post-closure care
plan and paragraph (F) of this rule not later than seven days after occurrence
of any of the following: (1) A solid waste license
issued for the scrap tire monofill facility has expired, and a renewal license
has not been applied for in the manner prescribed in Chapter 3745-501 of the
Administrative Code. (2) A solid waste license
issued for the scrap tire monofill facility has expired, and another license
has been applied for and denied as a final action. (3) A solid waste license
issued for the scrap tire monofill facility has been revoked as a final
action. (4) The owner or operator
declares that the facility will cease acceptance of scrap tires for
disposal. (5) All approved limits
of solid waste placement for the facility have been reached. (C) Notification of anticipated date to cease acceptance of
scrap tires. (1) The owner or operator
shall provide notice by certified mail or any other form of mail accompanied by
a receipt of the anticipated date on which the scrap tire monofill will cease
to accept scrap tires if final closure is to be triggered in accordance with
paragraph (C)(1), (C)(4) or (C)(5) of this rule. Such notice shall be provided
not later than ninety days prior to the anticipated date on which the scrap
tires will cease to be accepted. (2) The owner or operator
shall send a copy of the notice specified in paragraph (D)(1) of this rule to
the following: (a) The approved board of health having
jurisdiction. (b) The single or joint county solid waste management
district or regional solid waste management authority where the scrap tire
monofill is located or that is served by the scrap tire monofill. (c) Ohio EPA. (3) Not later than thirty days prior to
the anticipated date on which the scrap tire monofill facility will cease to
accept scrap tires, notice shall be provided by certified mail or any other
form of mail accompanied by a receipt to Ohio EPA of any changes to the
information that identifies the facility's final closure contact
person. (D) The owner or operator shall send notification by
certified mail or any other form of mail accompanied by a receipt to the
director and to approved board of health having jurisdiction, of the actual
date that the scrap tire monofill facility ceased to accept scrap tires.
Notification shall be sent to Ohio EPA and the approved board of health having
jurisdiction not later than seven days after the date specified in the
notification. (E) The owner or operator shall complete final closure of
the scrap tire monofill facility as follows: (1) Upon ceasing acceptance of scrap
tires at a scrap tire monofill facility, post signs easily visible from all
access roads leading onto the scrap tire monofill facility, stating in letters
not less than three inches high that the scrap tire monofill facility no longer
accepts scrap tires. (2) Upon ceasing
acceptance of scrap tires at the scrap tire monofill facility, block, by locked
gates, fencing, or other sturdy obstacles, of all entrances and access roads to
the scrap tire monofill facility to prevent unauthorized access during the
final closure and post-closure care periods. (3) Construct a composite
cap system in accordance with rule 3745-580-705 of the Administrative Code,
consisting of a geotextile fabric, a soil barrier layer, a granular drainage
layer, and cap protection layer. (4) Install the necessary
surface water control structures including permanent ditches to control run-on
and runoff and sedimentation ponds, as shown in the final closure/post-closure
care plan and grade all land surfaces as necessary to prevent ponding of water
where scrap tires have been placed and institute measures to control
erosion. [Comment: The minimum slope standard in rule
3745-580-705 of the Administrative Code is a design standard. For closure
certification, it is not necessary to regrade the site if there is not a
ponding problem, even if the slope no longer meets the design in the
closure/post-closure care plan.] (5) Record a notation on
the plat and deed to the scrap tire monofill facility property, or on some
other instrument that is normally examined during title search, that will in
perpetuity notify any potential purchaser of the property. The notation shall
describe the impacted acreage, exact location, depth, volume, and nature of the
scrap tires deposited in the scrap tire monofill facility. (6) Comply with rule
3745-580-710 of the Administrative Code and all necessary monitoring and
reporting activities during the operating life of the scrap tire monofill
facility until the closure certification is submitted and the post-closure care
period begins. (F) Final closure activities shall be completed not later
than one year after any of the occurrences in paragraph (C) of this rule unless
an alternative schedule has been authorized by Ohio EPA. (G) Final closure certification. Not later than ninety days
after completion of final closure activities, the owner or operator shall
submit to Ohio EPA and the approved board of health a written certification
report signed and sealed by a professional engineer registered in Ohio. The
final closure certification shall contain verification that the scrap tire
monofill facility has been closed in accordance with this rule and the final
closure/post-closure care plan and at a minimum, include the
following: (1) A list of the
construction certification reports for construction of the composite cap system
with the date of submittal and a topographic map of the entire scrap tire
monofill facility showing the areas certified by each report. The map shall
also show the horizontal limits of waste placement and the surface water
control structures including permanent ditches to control run-on and runoff,
and if present, the sedimentation pond including the inlet and outlet and the
outlet of any permanent ground water control structures. (2) A copy of the plat
and deed or other instrument that is normally examined during a title search,
showing the notation specified in paragraph (F)(5) of this rule and bearing the
mark of recordation of the office of the county recorder for the county in
which the property is located. (3) A demonstration that
the signs specified in paragraph (F)(1) of this rule has been posted, and that
all entrances and access roads have been blocked as specified in paragraph
(F)(2) of this rule. (H) The board of health or the director, or an authorized
representative, upon proper identification, may enter the scrap tire monofill
facility at any time during the final closure period for the purpose of
determining compliance with this rule. (I) The owner or operator shall complete final closure of a
scrap tire monofill facility in a manner that minimizes the need for further
maintenance and minimizes post-closure formation and release of leachate to
air, soil, ground water, or surface water to the extent necessary to protect
human health and the environment. (J) In addition to the specifications of paragraphs (A) to
(I) of this rule, the owner or operator of a scrap tire submergence facility
shall perform the following closure activities: (1) Remove all scrap
tires from the facility. (2) Prior to discharging
water from the facility to waters of the state, perform testing and obtain
necessary authorizations as specified in Chapter 6111. of the Revised Code and
the rules adopted thereunder. (3) Perform such other
activities as are necessary to close the facility in a manner that is
protective of human health, safety, and the environment. (K) The following are not applicable to the owner or
operator of a scrap tire submergence facility: (1) Paragraphs (B)(4) to
(B)(8) of this rule with the exception of paragraphs (B)(4)(f) and (B)(7) of
this rule. (2) Paragraph (F)(3) of
this rule.
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Rule 3745-580-726 | Post-closure care of a scrap tire monofill facility.
(A) The post-closure care period begins
when the owner or operator submits the certification pursuant to paragraph (H)
of rule 3745-580-725 of the Administrative Code to Ohio EPA for the scrap tire
monofill facility. The owner or operator shall conduct post-closure care
activities at the scrap tire monofill facility, other than a scrap tire
submergence facility, for a minimum of fifteen years. (B) Post-closure care activities for the
scrap tire monofill facility shall include but are not limited to the
following: (1) Continuing operation
and maintenance of the leachate management system, the surface water management
system, and any other monitoring system. (2) Maintaining the
integrity and effectiveness of the access road, cap system, and stability of
the scrap tire monofill facility including making repairs to the cap system as
necessary to correct the effects of slope failure, settling, subsidence,
ponding, erosion, or other events, and preventing run-on and runoff from
eroding or otherwise damaging the access road or cap system. If vegetation
covers less than seventy-five per cent of the cap system, the owner or operator
shall reseed and if appropriate, amend the soil. (3) Maintaining the sign
stating that the scrap tire monofill no longer accepts scrap tires for two
years after final closure activities have been completed. (4) Repairing any
leachate outbreaks detected at the scrap tire monofill facility by doing the
following: (a) Containing and properly managing the leachate at the
scrap tire monofill facility. (b) Collecting, treating, and disposing of the leachate
including following the contingency plan for leachate storage and disposal
prepared pursuant to rule 3745-580-710 of the Administrative Code, as
necessary. (c) Taking action to minimize, control, or eliminate the
conditions that contribute to the production of leachate. (5) Conducting a
quarterly inspection of the scrap tire monofill facility during each year of
the post-closure care period and submitting of a written summary to the
appropriate Ohio EPA district office not later than fifteen days after the
inspection date detailing the results of the inspection and a schedule of any
actions to be taken to maintain compliance with paragraphs (B)(1) to (B)(4) of
this rule. (6) Submitting a report
to the appropriate Ohio EPA district office and approved board of health not
later than the first day of April of each year that contains the
following: (a) A summary of the quantity of leachate collected for
treatment and disposal on a monthly basis during the year, and the location of
leachate treatment or disposal. (b) Results of analytical testing of an annual grab sample
of leachate obtained from the leachate management system for the parameters
specified in rule 3745-580-08 of the Administrative Code. (c) A summary of any maintenance performed on the leachate
management system and any other monitoring and control system installed at the
scrap tire monofill facility. (d) Results of any monitoring conducted pursuant to any
orders or authorizing documents, if the orders or authorizing documents do not
specify a schedule for submittal. (e) The most recent updated post-closure care cost estimate
in accordance with rule 3745-580-22 of the Administrative Code. (f) A signed statement that, to the best of the knowledge
of the owner or operator, the information contained in the annual report is
true and accurate. (7) Retaining records and
reports generated by paragraphs (B)(5) and (B)(6) of this rule for the duration
of the post-closure care period at a location where the records and reports are
available for inspection by Ohio EPA or the approved health department during
normal operating hours. (8) Maintaining financial
assurance for post-closure care activities in accordance with rule 3745-580-22
of the Administrative Code. (C) Upon completion of the post-closure
care period, the owner or operator shall submit to Ohio EPA written
certification that the scrap tire monofill facility has completed post-closure
activities in accordance with this rule and the final closure/post-closure
plan. The certification shall include a certification statement and signature
in accordance with rule 3745-500-50 of the Administrative Code, be accompanied
by documentation that demonstrates all post-closure care activities have been
completed, and be signed and sealed by a professional engineer registered in
Ohio. The documentation shall include the following: (1) A summary of changes
to leachate quality and quantity. (2) A summary of any
on-going ground water assessment or corrective measures. (3) An assessment of the
integrity and stability of the cap system if post-closure care activities
cease. (D) Based on such factors as human health
or safety or the environment is or will be protected, the director may either
discontinue or extend the post-closure care period. (E) The board of health, the director, or an authorized
representative, upon proper identification, may enter any closed scrap tire
monofill facility at any time during the post-closure care period for the
purpose of determining compliance with this rule.
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Rule 3745-580-800 | Specifications for beneficial use of scrap tires.
(A) Except as specified in rule
3745-580-805 of the Administrative Code, no person shall beneficially use scrap
tires unless the person is authorized in accordance with rule 3745-580-801 or
rule 3745-580-802 of the Administrative Code. Failure to obtain authorization
prior to use of the scrap tires may constitute open dumping. (B) No person shall beneficially use
scrap tires at a property unless one of the following requirements are
met: (1) The person is the
owner of the property. (2) The person has
received written authorization from the property owner to beneficially use
scrap tires on the property.
Last updated January 8, 2024 at 2:46 PM
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Rule 3745-580-801 | Preauthorized scrap tire beneficial uses.
(A) Any person proposing to beneficially
use scrap tires in accordance with paragraph (B) or (C) of this rule shall
submit a letter of notification to Ohio EPA and the approved board of health
via certified mail or any form of mail accompanied by a receipt not later than
fourteen days prior to the start of the beneficial use that contains the
following information: (1) The name, address,
email address, and telephone number of the person proposing the beneficial
use. (2) The physical address
of the proposed beneficial use site. (3) A description of the
preauthorized beneficial use. (4) The total number, weight, or volume
of whole, cut, or shredded scrap tires proposed for beneficial
use. (B) Preauthorized beneficial uses of
scrap tires. Scrap tires are authorized for beneficial use when used in the
following manner: (1) For crash barriers at
race tracks, up to one thousand five hundred scrap tires. (2) For rifle range
backstops, up to one thousand five hundred scrap tires. (3) For agricultural use
to hold down tarps and covers, up to two hundred fifty scrap tires and up to
five thousand tire sidewalls. (4) At a solid waste
landfill or construction and demolition debris facility to hold down tarps and
covers, up to two hundred fifty scrap tires and up to five thousand tire
sidewalls. (5) As a tire-derived
cylinder that performs as an aggregate confining system in roads, driveways, or
parking lots, up to one thousand five hundred scrap tires unless otherwise
authorized by Ohio EPA in writing. (C) Preauthorized beneficial uses of
whole, side walls, and shredded scrap tires. Whole, side walls, or shredded
scrap tires are authorized for beneficial use when used in the following
manner: (1) Those specified in
the following applicable standards published in ASTM D6270: (a) Whole and side walls scrap tires used in construction
of retaining walls, drainage culverts, and road-base
reinforcement. (b) Shredded scrap tires for civil engineering applications
in a solid waste landfill, if authorized in the approved authorizing
documents. (c) Shredded scrap tires for civil engineering applications
in a construction and demolition debris facility, if authorized in the approved
authorizing documents. (d) Shredded scrap tires used as light weight fill or
construction material in public roads, public parking, public road embankment
construction, and public retaining wall construction. (e) Shredded scrap tires used as light weight fill or
construction material in private roads and private parking. (f) Shredded scrap tires used as a gravel substitute in
septic system leach fields, provided that the use is approved by the board of
health or Ohio EPA in accordance with rules adopted under Chapter 6111. of the
Revised Code. The compacted volume of tire shreds shall not exceed the
equivalent volume of gravel that would have been used. (g) Shredded scrap tires used as a gravel substitute for
backfill around foundations or basements provided the compacted volume of tire
shreds used does not exceed the equivalent volume of gravel that would be used
for the backfill. (h) Shredded scrap tires used as a gravel substitute around
drainage tiles and pipes provided the compacted volume of tire shreds used does
not exceed the equivalent volume of gravel normally used in the installation of
the drainage system. Compressibility of the tire shreds shall be addressed in
the project design. (i) Shredded scrap tires used as vibration damping layers
for rail lines. (2) Shredded scrap tires
used for playground surfacing in accordance with ASTM F3012. (3) Shredded scrap tires
used for landscaping mulch and equestrian surfacing. (4) Shredded scrap tires used as a
bulking agent for compost, provided the person has obtained authorization
pursuant to Chapter 3745-560 of the Administrative Code. (D) Preauthorized scrap tire beneficial
uses shall comply with the requirements in rule 3745-580-810 of the
Administrative Code. [Comment: This rule does not relieve the person
beneficially using scrap tires from compliance with local zoning ordinances,
building codes, and any applicable government engineering approvals.] [Comment: Use of scrap tires that is not in
strict accordance with this rule may constitute open dumping.]
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Rule 3745-580-802 | Application for use of scrap tires in a beneficial use project.
(A) Any person proposing to beneficially
use scrap tires in a manner that is not preauthorized in accordance with rule
3745-580-801 of the Administrative Code shall obtain approval from the director
for the beneficial use prior to the start of the beneficial use project by
submitting an application to Ohio EPA on forms prescribed by the director that
contain sufficient detail to allow clear understanding for technical review of
the application and to provide assurance that the beneficial use project is
designed and can be constructed and operated in accordance with rule
3745-580-810 of the Administrative Code. At a minimum, the application shall
contain the following: (1) The name, address,
email address, and telephone number of the applicant. (2) The address and
parcel numbers of the proposed beneficial use site and any temporary storage
sites. (3) The name, address,
email address, and telephone number of all owners of the property identified in
paragraph (A)(2) of this rule. (4) A narrative that
includes the following: (a) Estimates of the maximum amount of scrap tires, either
number or quantity in weight or volume, proposed for beneficial use and the
maximum amount of tires to be temporarily stored prior to beneficial use. If
construction of the project will take longer than thirty days, the person
proposing to beneficially use scrap tires shall ensure temporary storage does
not exceed the amount of scrap tires planned to be used in a thirty-day
period. (b) A detailed description of how the scrap tires will be
used and the engineering and financial benefits of using scrap tires in lieu of
standard materials. (c) A detailed schedule for completion of the beneficial
use project, including the start date and end date. (d) A description of the mosquito control measures to be
used during storage and beneficial use of the scrap tires. (5) Plan view drawings
and detailed engineering plans with a scale of one inch equals no greater than
one hundred feet showing the following items within the boundary of the
proposed beneficial use site and within five hundred feet of the property
boundary: (a) The property lines and parcel numbers of the proposed
beneficial use site. (b) The location and limits of the beneficial use site and
any scrap tire storage areas, portable scrap tire storage containers, and scrap
tire storage piles including the maximum height of all scrap tire storage
piles. (c) The location of all fire breaks and access
roads. (d) The location of all buildings and
structures. (e) The location of the regulatory floodplain. (f) The location and boundaries of all natural areas as
listed in paragraphs (B)(7)(c) and (B)(7)(d) of rule 3745-580-803 of the
Administrative Code. (g) Existing topography showing streams, wetlands, lakes,
springs, and other surface waters of the state, with a contour interval no
greater than five feet. (h) The north arrow. (6) A letter of consent
from the property owner where the beneficial use is proposed, if the property
owner is not the applicant, that includes the following statement, "I
understand that, as the owner of the property on which this beneficial use of
scrap tires will be placed, I am responsible for the removal of the scrap tires
in the event the project fails to comply with the approved project plan and the
beneficial use applicant fails to correct the problem or remove the scrap
tires." (7) For a beneficial use
proposed to be more than one hundred scrap tires in contact with surface water
of the state, correspondence with the Ohio department of natural resources and
the U.S. army corps of engineers consenting to the proposed beneficial
use. (8) If the scrap tires
are proposed to be used for structural fill, construction plans for the
structural fill, including a stability analysis when necessary, prepared,
signed, and sealed by a professional engineer registered in the state of
Ohio. (B) The person proposing to beneficially use scrap tires
shall also send a copy of scrap tire beneficial use project application to the
board of health where the project will be located via certified mail or any
other form of mail accompanied by a receipt. (C) If the director determines that additional information
is necessary to determine whether the criteria set forth in rule 3745-580-803
of the Administrative Code are satisfied, the applicant shall supply such
information as a precondition to further consideration of the
application. [Comment: Rule 3745-580-803 of the Administrative
Code states that an incomplete application may be a basis for denial of a scrap
tire beneficial use project plan.]
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Rule 3745-580-803 | Criteria for approval and denial of a scrap tire beneficial use project.
(A) An application notwithstanding any
deficiency, may be considered and acted upon if sufficient information is
contained in the application for the director to determine whether the criteria
set forth in this rule are satisfied. (B) Approval. The director shall not
approve a project for the beneficial use of scrap tires unless the director
determines all of the following: (1) The proposed
beneficial use will not violate Chapter 3704., 3714., 3734., or 6111. of the
Revised Code. (2) The proposed
beneficial use as described in the project will provide a sound engineering or
financial benefit and is capable of being constructed and completed in
accordance with rules 3745-580-800 to 3745-580-810 of the Administrative Code,
as applicable. (3) The beneficial use as
described in the project will not create a nuisance or hazard to public health
or safety or the environment. (4) All proposed scrap
tire storage areas meet the requirements of rule 3745-580-810 of the
Administrative Code. (5) The property owner
and the applicant for the beneficial use are in substantial compliance with, or
is on a legally enforceable schedule through issuance of an administrative
consent order or judicial consent order to attain compliance with applicable
provisions of Chapters 3704., 3714., 3734., 3745., and 6111. of the Revised
Code at scrap tire transportation operations, construction and demolition
debris facilities, construction and demolition debris processing facilities, or
solid waste facilities they own or operate. A property owner and an applicant
are not in substantial compliance with Chapters 3704., 3714., 3734., 3745., and
6111. of the Revised Code if the property owner or applicant have committed a
significant or material violation of an environmental law or has committed
numerous, other violations of environmental laws such that the violations
reveal a practice of noncompliance with environmental laws. (6) The property owner
and the applicant have maintained a history of compliance with Chapters 3704.,
3714., 3734., 3745., and 6111. of the Revised Code by resolving all
administrative and judicial enforcement actions that were brought against them
that were based on a significant or material violation of an environmental law,
or were based on numerous, other violations of environmental laws that revealed
a practice of noncompliance with environmental laws at scrap tire
transportation operations, construction and demolition debris facilities,
construction and demolition debris processing facilities, or solid waste
facilities they own or operate or at scrap tire transportation operations,
construction and demolition debris facilities, construction and demolition
debris processing facilities, or solid waste facilities they have previously
owned or operated. For purposes of this rule, an enforcement action has been
resolved if the property owner or applicant has entered into an administrative
consent order or judicial consent order with regard to the violation of
environmental laws, or the property owner or applicant has adjudicated the
issue of whether they are in violation of environmental laws to
finality. (7) All proposed scrap tire storage areas
including portable containers are not located within the
following: (a) One hundred feet from any buildings or structures not
owned or leased by the property owner or the applicant for the beneficial
use. (b) A regulatory floodplain. (c) A park in existence on the date of receipt of the
application by Ohio EPA. (d) One thousand feet of the following natural areas in
existence on the date of receipt of the application by Ohio EPA: (i) Areas designated by
the Ohio department of natural resources as either a state nature preserve, a
state wildlife area, or a state wild, scenic, or recreational river area,
including areas designated by section 1517.05 or 1547.81 of the Revised
Code. (ii) Areas designated,
owned, and managed by the Ohio history connection as a nature
preserve. (iii) Areas designated by
the United States department of the interior as either a national wildlife
refuge or a national wild, scenic, or recreational river. (iv) Areas designated by
the United States forest service as either a special interest area or a
research natural area in the Wayne national forest. (v) Stream segments
designated by Ohio EPA as either a state resource water, a coldwater habitat,
or an exceptional warmwater habitat. (e) Two hundred feet from surface waters of the
state. (f) Five hundred feet from a domicile not owned by the
applicant. (g) One hundred feet of any property line. (C) The director may deny a beneficial use project
application for any of the following reasons: (1) Any of the applicable
criteria specified in paragraph (B) of this rule are not met. (2) The application is
incomplete and the applicant has not corrected noted deficiencies identified by
the director and resubmitted the application not later than thirty days after
receipt of the notice of deficiency. (3) Falsification of any
material information that is required to be submitted to the director as part
of the application.
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Rule 3745-580-805 | Exclusions from the requirement to obtain authorization to beneficially use scrap tires.
The beneficial use of the following is not subject
to rules 3745-580-800 to 3745-580-810 of the Administrative Code unless the
director or the board of health determines that the use creates a nuisance, is
a hazard to public health or safety, or is a fire hazard: (A) One hundred or fewer scrap
tires. (B) One ton or less of scrap tire shreds,
three and a half cubic yards or less of rough scrap tire shreds, two and a half
cubic yards or less of TDF or TDC, or two yards or less of crumb
rubber.
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Rule 3745-580-810 | Beneficial use of scrap tires.
(A) A person beneficially using scrap
tires preauthorized by rule 3745-580-801 of the Administrative Code or through
a scrap tire beneficial use project approved pursuant to rule 3745-580-803 of
the Administrative Code shall comply with the requirements of this
rule. (B) Storage. Unless otherwise authorized
by the director, any person storing scrap tires prior to final placement or
construction for a beneficial use project shall be deemed a nuisance, a hazard
to public health or safety, or a fire hazard unless the storage meets the
following: (1) For fire prevention,
scrap tires are stored in the following manner: (a) Individual scrap tire storage piles do not exceed two
thousand five hundred square feet in area. (b) A minimum isolation distance of fifty feet is
maintained from possible ignition sources. (c) Scrap tire handling areas, storage areas, and fire
breaks are free of combustible materials and obstructions. (d) For inside storage, scrap tires are stored in a manner
that ensures the following: (i) An aisle width of at
least eight feet between scrap tire storage piles. (ii) A clearance distance
of at least eighteen inches from the top of the scrap tire storage piles to
sprinkler deflectors. (iii) A clearance
distance of at least three feet from the top of the scrap tire storage piles to
roof structures. (iv) A clearance distance
of at least three feet from the top of the scrap tire storage piles to heaters,
ducts, and flues, or in accordance with the clearance distances recommended by
the equipment manufacturer. (e) For outside storage, in a manner that ensures the
following: (i) Scrap tires are not
located under the following: (a) Bridges. (b) Elevated trestles,
roadways, or railroads. (c) Electrical power
lines having a voltage in excess of seven hundred fifty volts or that supply
power to fire emergency systems. (ii) Scrap tire storage
piles are no greater than eight feet high. (iii) Fire breaks meet
the specifications of rule 3745-580-07 of the Administrative Code. (f) For portable containers, scrap tires are stored in a
manner that ensures the following minimum isolation distances from buildings
and structures: (i) One hundred feet from
buildings and structures not owned or leased by the property owner or the
applicant. (ii) Fifteen feet from
buildings and structures owned or leased by the property owner or the
applicant. (2) Amount and duration
of storage. The amount of scrap tires stored and duration of scrap tire storage
for a scrap tire beneficial use project meets the following
criteria: (a) Unless a limit is specified in rule 3745-580-801 of the
Administrative Code or through an authorization from the director, any amount
of scrap tires can be stored at the beneficial use site for less than thirty
days prior to final placement in the beneficial use project. (b) For beneficial use projects that may take thirty or
more days to construct, the temporary storage of scrap tires does not exceed
one thousand five hundred whole scrap tires, the equivalent amount of scrap
tire shreds, or the amount of scrap tires planned to be used in a thirty day
period, whichever is less. (3) Is conducted in a
manner where legitimate products generated at a scrap tire recovery facility
are not speculatively accumulated or open dumped. (C) Transport. (1) A person authorized
to beneficially use scrap tires shall use a scrap tire transporter registered
in accordance with this chapter to transport all scrap tires unless the person
has obtained written approval from Ohio EPA. (2) If at any time the
use of whole scrap tires, scrap tire pieces, or scrap tire shreds changes in
such a way such that it no longer constitutes a beneficial use in accordance
with this chapter, all whole scrap tires, scrap tire pieces, or scrap tire
shreds shall be removed from the premises not later than thirty days after the
change in use and transported using a registered scrap tire transporter unless
the person has received approval from Ohio EPA in accordance with paragraph
(C)(1) of this rule. (D) Mosquito control. (1) A person authorized
to beneficially use scrap tires shall maintain the scrap tires as follows to
control the breeding of mosquitoes: (a) Remove any liquids from the scrap tires or treat the
scrap tires containing water with a pesticide registered with the United States
environmental protection agency and Ohio department of agriculture in
accordance with the product label specifications. (b) Such that the scrap tire storage area is free of water
to prevent mosquitoes and mosquito larvae habitat. (2) A person who
beneficially uses scrap tire sidewalls instead of whole scrap tires or cut
scrap tires is subject to the specifications of paragraph (D)(1) of this rule
unless it is demonstrated to the satisfaction of Ohio EPA that the tire
sidewalls provide adequate mosquito control. (E) Additional operational criteria for
scrap tire beneficial use projects approved pursuant to rule 3745-580-803 of
the Administrative Code. Upon approval of a project, the applicant shall do the
following: (1) Comply with the
approved project. (2) Enter the assigned
beneficial use project number on all shipping papers used to comply with rule
3745-580-06 of the Administrative Code. (3) Not later than sixty
days after completion of the project, submit a report to Ohio EPA that includes
the following: (a) Drawings showing the final construction of the approved
beneficial use. (b) The total quantity in number, weight in tons, or volume
in cubic feet of scrap tires used in the beneficial use project. (c) Unless the applicant is a scrap tire transporter
registered in accordance with rule 3745-580-101 of the Administrative Code, the
following: (i) The total quantity in
number, weight in tons, or volume in cubic feet of scrap tires received from
each scrap tire transporter. (ii) An estimate of the
percentage of passenger and light truck scrap tires, semi-truck scrap tires,
and other tires beneficially used. (F) The director may revoke a beneficial use approval at
any time if the director determines that any applicable rules or laws have been
or are likely to be violated. Not later than thirty days after revocation of a
scrap tire beneficial use approval, the applicant shall remove and properly
recycle or dispose of all scrap tires, scrap tire pieces, and scrap tire
shreds.
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