Ohio Admin. Code 3745-400-02 - General obligations
(A)
Compliance with this chapter does not relieve any person from the obligation to
comply with any applicable statute, rule, or authorizing document.
(B) Rules 3745-400-50 to 3745-400-60 of the
Administrative Code do not apply to a co-located
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.
(C) No person shall establish or modify a
processing facility to which rules 3745-400-50 to 3745-400-60 of the
Administrative Code apply without first obtaining a permit to install in
accordance with rule 3745-400-50 of the Administrative Code that authorizes the
establishment or modification.
(D)
No
Except for the
operation of a processing facility for which a license is applied for and
obtained in accordance with paragraph (E) of this rule and Chapter 3745-501 of
the Administrative Code, no person shall establish or operate a
facility or operate a processing facility
to which rules 3745-400-50 to 3745-400-60 of the
Administrative Code apply without first obtaining a license issued by
the licensing authority in accordance with Chapter 3745-501 of the
Administrative Code.
(E) An owner
or operator of a processing facility to which rules
3745-400-50 to 3745-400-60 of the Administrative Code apply that is
proposing to continue to operate the processing facility after the effective
date of this rule shall submit an application for a license to the licensing
authority in accordance with Chapter 3745-501 of the Administrative Code not
later than six months after the effective date of this rule.
(F) An owner or operator of a facility or a
processing facility shall obtain, maintain, and comply with all applicable
authorizations as specified in Chapters 3704., 3734., and 6111. of the Revised
Code.
(G) An owner or operator of a
facility or a processing facility shall obtain, maintain, and comply with all
effective permits to install, licenses, orders, and other authorizations issued
in accordance with Chapter 3714. of the Revised Code and the rules adopted
thereunder, as applicable.
(H) An
owner or operator of a facility shall not modify a facility without first
obtaining authorization from the licensing authority that authorizes the
modification.
(I) An owner or
operator of a facility or processing facility shall not operate or maintain a
facility or a processing facility in such a manner as to create a nuisance,
fire hazard, or health hazard or in violation of Chapter 3704., 3714., 3734.,
or 6111. of the Revised Code.
(J)
No person shall conduct, permit, or allow illegal disposal. In the event that
illegal disposal is occurring or has occurred at a property, the person
responsible for the illegal disposal, the owner of the property, or the person
who allowed the illegal disposal to occur, shall promptly remove and dispose or
otherwise manage the construction and demolition debris in accordance with
Chapter 3714. of the Revised Code and submit verification to Ohio EPA that the
construction and demolition debris has been properly managed.
Notes
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3714.022
Rule Amplifies: 3714.02, 3714.022, 3714.051, 3714.06, 3714.061, 3714.09, 3714.13
Prior Effective Dates: 04/18/2022
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.