(A) Facility modifications. The following
shall be deemed a modification to a construction and demolition debris
facility:
(1) Any extension beyond the
approved limits of debris placement specified in the valid operating license;
or
(2) Any extension beyond the
active licensed disposal area specified in the valid operating license; or
(3) Any other substantial change
to the approved facility design plan contained in the valid operating license.
[Comment: The contents of the facility design plan are
specified in rule
3745-400-07
of the Administrative Code. Changes to operational activities are not
modifications, since the operational aspects of the facility change annually by
means of the license review and approval process.]
(B) Application for a
modification. The owner or operator who desires to modify a facility shall make
application for a specific facility modification at least ninety days prior to
the proposed implementation date of the modification. The application shall
contain sufficient detail so the licensing authority can understand the
proposed change(s).
An application to laterally extend the limits of debris
placement shall include a demonstration that the entire limits of debris
placement (proposed and existing) meet the requirements of rule
3745-400-07
of the Administrative Code.
(C) Criteria for modification approval. If
the licensing authority finds that the modification is unlikely to adversely
affect the public health or safety or the environment or create a fire hazard,
then the licensing authority shall approve the modification.
[Comment: For ease in program implementation, decisions with
respect to modification applications remain separate from decisions made with
respect to license applications. This will allow an owner or operator to
continue operations if a license application is approvable and issued, but a
modification request is not approvable and is denied. Note that all denials are
first issued as proposed actions of the licensing authority.]
(D) Exemptions.
(1) General exemption criteria. The licensing
authority may by order exempt any person disposing of or proposing to dispose
of construction and demolition debris in such quantities or under such
circumstances that, in the determination of the licensing authority, are
unlikely to adversely affect the public health or safety or the environment, or
create a fire hazard, from any provision of Chapter 3745-400 or 3745-37 of the
Administrative Code or Chapter 3714. of the Revised Code or order issued
pursuant to either chapter, except for those circumstances stated in paragraph
(E) of this rule.
[Comment: Guidelines for exemption criteria, including
alternatives to ground water monitoring, are available from the Ohio EPA; and]
(2) Floodplain exemption
criteria. The licensing authority may grant an exemption from the
one-hundred-year floodplain restriction stated in paragraph (B)(1) of rule
3745-400-06
of the Administrative Code if the licensing authority finds that the
establishment of a new construction and demolition debris in the
one-hundred-year floodplain would not result in an increase of more than one
foot in the elevation of that flood stage of the watercourse upstream or
downstream from the proposed facility.
(E) The licensing authority shall not grant
an exemption to paragraph (B)(2) of rule
3745-400-06 (sole
source aquifer location prohibition) of the Administrative Code or to paragraph
(F)(3)(c) of rule
3745-400-11 (asbestos)
of the Administrative Code.
Notes
Ohio Admin. Code 3745-400-15
Eff 9-30-96
Rule promulgated under: RC Chapter 119.
Rule amplifies:
RC 3714.02
