(A) The director of environmental protection shall adopt, and may amend and rescind, rules in accordance with Chapter 119 of the Revised Code governing processing facilities and the inspection of and issuance of permits to install and licenses for those facilities. The rules shall ensure that the facilities will not create a nuisance, fire hazard, or health hazard or cause or contribute to air or water pollution.

Terms Used In Ohio Code 3714.022

  • Bond: includes an undertaking. See Ohio Code 1.02
  • Closure: includes measures performed to protect public health or safety, to prevent air or water pollution, or to make the facility suitable for other uses, if any, including, without limitation, the establishment and maintenance of suitable cover of soil and vegetation over areas where construction and demolition debris is buried and the minimization of erosion, the infiltration of surface water into such areas, the production of leachate, and the accumulation and runoff of contaminated surface water. See Ohio Code 3714.01
  • Construction and demolition debris: includes particles and dust created during demolition activities. See Ohio Code 3714.01
  • Disposal: means the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any construction and demolition debris into or on any land or ground or surface water or into the air, except if the disposition or placement constitutes storage. See Ohio Code 3714.01
  • Facility: means any site, location, tract of land, installation, or building used for the disposal of construction and demolition debris. See Ohio Code 3714.01
  • Person: includes the state, any political subdivision of the state or other state or local body, the United States and any agency or instrumentality thereof, and any legal entity or organization defined as a person under section 1. See Ohio Code 3714.01
  • processing: means the receipt or storage of construction and demolition debris, or the movement of construction and demolition debris from vehicles or containers to a working surface, for purposes of separating the debris into individual types of materials as a commodity for use in a beneficial manner that does not constitute disposal. See Ohio Code 3714.01
  • Processing facility: means a site, location, tract of land, installation, or building that is used or intended to be used for the purpose of processing, transferring, or recycling construction and demolition debris that was generated off the premises of the facility. See Ohio Code 3714.01
  • Property: means real and personal property. See Ohio Code 1.59
  • Storage: means the holding of construction and demolition debris for a temporary period in such a manner that it remains retrievable and substantially unchanged and, at the end of the period, is disposed of or reused or recycled in a beneficial manner. See Ohio Code 3714.01

(B) The rules adopted under this section may establish all of the following:

(1) Requirements for the location, design, construction, operation, and closure of processing facilities;

(2) Requirements for the acceptance, storage, and accumulation of materials, including the accumulation of material for product development;

(3) The authorized maximum daily receipts;

(4) Fire prevention measures;

( 5) Record-keeping procedures;

( 6) The process for the closure of a processing facility;

( 7) Financial assurance requirements;

(8) The management of stormwater and leachate;

(9) Standards and procedures for the issuance of permits to install under divisions (H) and (I) of section 3714.051 of the Revised Code that shall include all of the following:

(a) Information that must be included in the designs and plans required to be submitted with the application for a permit to install under section 3714.051 of the Revised Code and criteria for approving, disapproving, or requiring modification of the designs and plans;

(b) Information and the fee amount that must be included with an application for a permit to install in addition to the information required under section 3714.051 of the Revised Code;

(c) Procedures for the issuance, denial, modification, transfer, suspension, and revocation of permits to install;

(d) Grounds for the denial, modification, suspension, or revocation of permits to install;

(e) A requirement that a person that is required to obtain both a permit to install under section 3714.051 of the Revised Code and a license under section 3714.06 of the Revised Code obtain both the permit and license ;

(f) Criteria for establishing time periods after which a permit to install expires;

(g) Any other requirements that the director determines necessary in order to establish the program for the issuance of permits to install under section 3714.051 of the Revised Code.

(C) R u les establishing financial assurance requirements for the closure of a processing facility shall require that prior to being issued an initial license for the facility under section 3714.06 of the Revised Code, the owner or operator of a facility submit a surety bond, a letter of credit, or other acceptable financial assurance in a fixed amount as specified by the director plus the fixed per cubic yard cost of transportation to and disposal of mixed construction and demolition debris a t an authorized disposal facility.

(D) The rules adopted under this section shall not prohibit the open burning of construction debris on a construction site in compliance with division (C)(1) of section 3704.11 of the Revised Code.

( E) The rules adopted under this section may allow for the i ssuance of a single license governing both a construction and demolition debris facility and a processing facility located on the same property.

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