Ohio Admin. Code 3745-400-01 - Definitions
As used in this chapter:
(A)
(1)
"Administrative change" means an amendment to an authorizing document that does
not constitute a modification or alteration to the processing facility or
permit to install for the processing facility. An administrative change is not
an action.
(2) "Alteration" means a
change other than a modification to a processing facility or an administrative
change to a permit to install issued pursuant to Chapter 3714. of the Revised
Code and the rules adopted thereunder for a processing facility.
(3) "Applicant" means any person who has
applied for an authorizing document in accordance with Chapter 3714. of the
Revised Code and the rules adopted thereunder.
(4) "Approved board of health" means a board
of health placed on the approved list by the director in accordance with
section
3714.09
of the Revised Code.
(5) "Aquifer
system" means one or more geologic units or formations that are wholly or
partially saturated with water and are capable of storing, transmitting, and
yielding significant amounts of water to wells or springs.
(6) "Assets" means all existing and all
probable future economic benefits obtained or controlled by a particular
entity.
(7) "Authorizing document"
or "authorization" means a document issued, approved, or concurred with by the
director, Ohio EPA, an approved board of health, the Ohio environmental review
appeals commission, or a court of competent jurisdiction that describes
activities that a person is either required to do, allowed to do, or prohibited
from doing, pursuant to and in compliance with applicable rules, statutes, and
orders. Authorizing document includes but is not limited to a permit, license,
registration, acknowledgment of registration, operator certification, plan,
alteration, approval to use an alternate material, and order.
(B) "Board of health" means the
board of health of a city or general health district, or the authority having
the duties of a board of health in any city as authorized by section
3709.05
of the Revised Code, or a representative delegated by the board of health to
act on behalf of the board of health.
(C)
(5)(6) "Construction and
demolition debris facility" or "facility" means any site, location, tract of
land, installation, or building used for the disposal of construction and
demolition debris.
(6)(7) "Construction and
demolition debris processing facility" or "processing facility" means a site,
location, tract of land, installation, or building that is used or intended to
be used for the purpose of processing, transferring, or recycling construction
and demolition debris that was generated off the premises of the processing
facility. Processing facility does not include a facility that is licensed
under section
3734.05 of
the Revised Code as a solid waste transfer facility or a solid waste facility
and does not include processing within the
designated unloading zone at a licensed construction and demolition
debris facility where processing of mixed C&DD
occurs wholly within the designated unloading zone .
(1)
"Category 3 wetland" has the same meaning as in section
6111.02
of the Revised Code.
(2) "Certified
operator" means an individual that holds a valid construction and demolition
debris operator certification in accordance with section
3714.062
of the Revised Code and rule
3745-400-26
of the Administrative Code.
(3)
"Clean hard fill" means construction and demolition debris which consists only
of reinforced or nonreinforced concrete, asphalt concrete, brick, block, tile,
or stone which can be reutilized as construction material. Brick in clean hard
fill includes but is not limited to refractory brick and mortar. Clean hard
fill does not include materials contaminated with hazardous wastes, solid
wastes, or infectious wastes.
(4)
"Construction and demolition debris," "debris," or "C&DD" means those
materials resulting from the alteration, construction, destruction,
rehabilitation, or repair of any manmade physical structure, including, without
limitation, houses, buildings, industrial or commercial facilities, or
roadways. "Construction and demolition debris" does not include materials
identified or listed as solid wastes, infectious wastes, or hazardous wastes
pursuant to Chapter 3734. of the Revised Code and rules adopted thereunder; or
materials from mining operations, nontoxic fly ash, spent nontoxic foundry
sand, and slag; or reinforced or nonreinforced concrete, asphalt, building or
paving brick, or building or paving stone that is stored for a period of less
than two years for recycling into a usable construction material.
For the purpose of this definition, "materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade physical structure," are those structural and functional materials comprising the structure and surrounding site improvements, such as brick, concrete and other masonry materials, stone, glass, wall coverings, plaster, drywall, framing and finishing lumber, roofing materials, plumbing fixtures, heating equipment, electrical wiring and components containing no hazardous fluids or refrigerants, insulation, wall-to-wall carpeting, asphaltic substances, metals incidental to any of the above, and weathered railroad ties and utility poles.
"Materials resulting from the alteration, construction, destruction, rehabilitation, or repair" do not include materials whose removal has been required prior to demolition, and materials which are otherwise contained within or exist outside the structure such as solid wastes, yard wastes, furniture, and appliances. Also excluded in all cases are liquids including containerized or bulk liquids, fuel tanks, drums and other closed or filled containers, tires, and batteries.
(5)
"Construction and
demolition debris co-located processing facility" or "co-located processing
facility" means a processing facility that is located wholly within the
facility boundary of a licensed construction and demolition debris facility, as
that boundary is identified in the effective construction and demolition debris
facility license.
(D)
(1)
"Developed spring" means any spring that has been modified by the addition of
pipes or a collection basin to facilitate the collection and use of the spring
water.
(2) "Director" means the
director of environmental protection or the director's authorized
representative.
(3) "Disposal"
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, reuse, or recycling in a beneficial manner.
(E) "Establish" or "establishment"
means to dispose of construction and demolition debris, process construction
and demolition debris, or construct or install any facility components or
processing facility components and includes excavation that is related to the
construction of a facility or a processing facility or any components thereof.
Establish or establishment includes disposing or processing construction and
demolition debris at any location not authorized for the disposal or processing
of construction and demolition debris in accordance with this chapter.
Establish or establishment includes permitting a pre-existing building for use
as a construction and demolition debris processing facility. Establish or
establishment does not include clearing, grubbing, or installing ground water
monitoring wells.
(F)
[Reserved.]
(G) "Ground water"
means any water below the surface of the earth in a zone of
saturation.
(H)
(1) "Hazardous wastes" means waste that is
listed specifically as hazardous waste or exhibits one or more characteristics
of hazardous waste as defined in Chapter 3745-51 of the Administrative
Code.
(2) "Health commissioner"
means the individual occupying the office created by sections
3709.11
and
3709.14
of the Revised Code, or the health commissioner's authorized
representative.
(3) "Horizontal
limits of construction and demolition debris processing" means the horizontal
area within the processing facility boundary where any of the following
activities occur or will occur: loading, unloading, processing, transferring,
recycling, material handling, or storage.
(I)
(1)
"Illegal disposal" means the disposal of construction and demolition debris at
any place other than a construction and demolition debris facility operated in
accordance with Chapter 3714. of the Revised Code, this chapter, and Chapter
3745-501 of the Administrative Code; a solid waste disposal facility operated
in accordance with Chapter 3745-27 of the Administrative Code and licensed in
accordance with Chapter 3745-501 of the Administrative Code; or as otherwise
authorized by this chapter.
(2)
"Infectious waste" has the same meaning as in section
3734.01
of the Revised Code.
(3) "Initial
license" means the first license issued by the licensing authority for a
facility or a processing facility under Chapter 3714. of the Revised
Code.
(4) "Interim operator" means
a person designated by the owner or operator of a construction and demolition
debris facility or a construction and demolition debris processing facility to
act in place of the certified operator in the event that the certified operator
is not on site or reasonably available daily during operations.
(J) [Reserved.]
(K) [Reserved.]
(L)
(1)
"Leachate" for the purposes of a construction and demolition debris facility,
means liquid that has come in contact with or been released from construction
and demolition debris.
(2)
"Liabilities" means probable future sacrifices of economic benefits arising
from present obligations to transfer assets or provide services to other
entities in the future as a result of past transactions or events.
(3) "License" means a license issued by the
licensing authority in accordance with Chapter 3714. of the Revised Code and
rules adopted thereunder.
(4)
"Licensing authority" means the approved board of health or in the absence of
an approved board of health, the director.
(5) "Limits of construction and demolition
debris placement" means the areal and vertical limits of debris placement
within the construction and demolition debris facility and includes the volume
of debris placement. The limits of construction and demolition debris placement
include the following:
(a) "Construction and
demolition debris facility active areas" or "active licensed disposal areas"
means all areas within the limits of construction and demolition debris
placement designated by the owner or operator in a license application for
debris placement during the licensure period.
All areas within the limits of construction and demolition debris placement in which debris has been placed since September 30, 1996, and which have not been capped and dense vegetative cover established.
(b) "Construction and demolition
debris facility inactive areas" or "inactive licensed disposal areas" means all
remaining areas within the limits of construction and demolition debris
placement which are not designated for debris placement during the licensure
period, and include but are not limited to the following:
(i) Areas in which no construction and
demolition debris has yet been placed.
(ii) Areas within the limits of construction
and demolition debris placement in which debris has been placed since September
30, 1996, and which have been capped, dense vegetative cover established, and
certification of the completion of these activities submitted to the licensing
authority in accordance with rule
3745-400-12
of the Administrative Code.
(iii)
Areas within the limits of construction and demolition debris placement in
which debris has been placed prior to September 30, 1996, and where no debris
placement has occurred after that date.
(M)
(1) "Mixed construction and demolition
debris" or "mixed C&DD" means construction and demolition debris consisting
of more than one type of debris, including recovered screen material (RSM),
that has not been processed into a commodity for reuse or recycling in a
beneficial manner that does not constitute disposal.
[Comment: The presence of a de
minimis amount of another type of debris (other than RSM) in C&DD that has
been separated into individual types of debris as a result of sorting at a
licensed processing facility is not "mixed C&DD," provided the separated
debris is managed and reused, recycled, or disposed in accordance with Chapter
3714. of the Revised Code and this chapter.]
(2) "Modify a processing facility" or
"modification of a processing facility" means an existing processing facility
undergoing any of the following:
(a) A change
to the processing facility property line.
(b) A change to the horizontal limits of
construction and demolition debris processing.
(c) An increase in the maximum volume of
mixed C&DD authorized to be onsite.
(N) "Nuisance" means anything which is
injurious to human health or offensive to the senses; interferes with the
comfortable enjoyment of life or property; and affects a community,
neighborhood, or any considerable number of persons (although the extent of
annoyance or damage inflicted upon individual persons may be
unequal).
(O)
(1) "Occupied dwelling" means the following,
but does not include a dwelling owned or controlled by the owner or operator of
a facility or processing facility to which the siting criteria are being
applied:
(a) A building used or intended to be
used in whole or in part as a personal residence by the owner, part-time owner,
or lessee of the building or any person authorized by the owner, part-time
owner, or lessee to use the building as a personal residence. For the purposes
of this definition, "owner" means a person with the exclusive right to use,
control, or possess a building.
(b)
A place of worship as defined in section
5104.01 of
the Revised Code.
(c) A child
day-care center as defined in section
5104.01 of
the Revised Code.
(d) A hospital as
defined in section
3727.01
of the Revised Code.
(e) A nursing
home as defined in section
3721.01
of the Revised Code.
(f) A
school.
(g) A restaurant or other
eating establishment.
(2) "Operator" means the person responsible
for the on-site supervision of technical operations and maintenance of a
construction and demolition debris facility or a construction and demolition
debris processing facility, or any parts thereof, which may affect the
performance of the facility or processing facility and its potential
environmental impact or any person who has authority to make discretionary
decisions concerning the daily operations of the facility or processing
facility.
(3) "Owner" or "property
owner" means the person who holds title to the land on which the facility or
processing facility is or will be located.
(P)
(1)
"Perennial stream" means a stream as defined by a United States geological
survey seven and one-half minute quadrangle map.
(2) "Permit to install" means a permit to
install issued by the permitting authority in accordance with Chapter 3714. of
the Revised Code and rules adopted thereunder.
(3) "Permitting authority" means the director
or the approved board of health, as applicable.
(4) "Person" includes the state, any
political subdivision of the state or other state or local body, the United
States and any agency or instrumentality thereof, and any legal entity or
organization defined as a person under section
1.59 of the
Revised Code.
(5) "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.
(6)
"Processing facility boundary" means the borderline of the real property
utilized or intended to be utilized for a processing facility including the
horizontal limits of construction and demolition debris processing, access
roads, offices, maintenance buildings or other structures, and any other
appurtenances associated with the processing facility.
(7) "Public water supply well" means any well
connected to a public water system as defined by rule
3745-81-01
of the Administrative Code.
(8)
"Public well field" means any system of wells which is connected to a public
water system as defined by rule
3745-81-01
of the Administrative Code.
(9)
"Pulverized debris" means a load of debris that, after demolition has occurred,
but prior to acceptance of the load of debris for disposal, has been shredded,
crushed, ground, or otherwise rendered to such an extent that the load of
debris is unidentifiable as construction and demolition debris. Particles and
dust created during demolition activities are defined as C&DD under
paragraph (C) (4) of this rule.
(Q) "Qualified ground water scientist" means
a scientist or engineer who has received a baccalaureate or post-graduate
degree in the natural sciences or engineering and has at least five years of
relevant experience in ground water hydrogeology and related fields that enable
that individual to make sound professional judgments regarding ground water
monitoring, contaminant fate and transport, and corrective measures.
(R)
(1)
"Recovered screen material" or "RSM" means fine or residual C&DD less than
three quarters of an inch in size that is generated at a processing facility as
a result of sorting or screening C&DD from which all prohibited materials
have been removed.
(2) "Recycling"
means processing construction and demolition debris that would otherwise be
disposed of and returning the material to commerce as a commodity for use in a
beneficial manner that does not constitute disposal. For purposes of this rule,
"returning the material to commerce" means selling or exchanging the processed
material in a legitimate market.
(3) "Regulatory flood plain" means a
watercourse and the areas adjoining a watercourse which have been, or may be,
covered by a one-hundred-year flood as depicted on a federal insurance
administration flood map.
(4)
"Reuse" means reincorporating a material as part of a structure and does not
include reincorporating a material as fill.
(S)
(1)
"Significant zone of saturation" means a part of the earth's crust, excluding
the capillary zone, in which all voids are filled with water and that may act
as a preferential pathway of migration away from the limits of construction and
demolition placement.
(2) "Solid
wastes" means such unwanted residual solid or semisolid material as results
from industrial, commercial, agricultural, and community operations as defined
in rule
3745-27-01 of the
Administrative Code.
(3) "Storage"
means the holding of 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, reused, or recycled in a beneficial manner.
(4) "Surface water" means any water on the
surface of the earth.
(T) "Transferring" 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 and into
other vehicles or containers, for purposes of transporting the debris to a
solid waste landfill facility, a construction and demolition debris facility,
or a processing facility.
(U)
[Reserved.]
(V)
[Reserved.]
(W)
(1) "Water pollution" means any unpermitted
release to waters of the state.
(2)
"Waters of the state" has the same meaning as in section
6111.01
of the Revised Code.
(3) "Working
face" means that portion of a construction and demolition debris facility where
construction and demolition debris is placed for final deposition.
(4) "Working surface" means the land or
ground at a processing facility where unloading, processing, transferring, or
loading occurs.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3714.07, 3714.071
Rule Amplifies: 3714.02
Prior Effective Dates: 09/30/1996, 08/31/2002, 01/01/2017, 07/01/2018, 04/18/2022
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