(A) License application.
(1) The applicant for a facility license
shall be the owner of the facility or the operator that has written permission
from each property owner to apply for a license.
(2) An application for a facility license
required by rule
3745-501-05 of the
Administrative Code shall be made on forms prescribed by the director and
contain at a minimum the following:
(a)
Information regarding the applicant.
(b) Information regarding the owner and
operator.
(c) Information regarding
the property.
(d) Information
regarding the operations at each facility.
(e) Any additional information deemed
necessary by the director.
(3) An applicant for a construction and
demolition debris facility license shall submit
three copies
a copy
of the application to the licensing authority via certified mail or any other
form of mail accompanied by a receipt
and any
additional copies requested by the licensing authority in
writing.
(B)
License application procedures.
(1) Except for
a scrap tire collection or scrap tire storage facility that is owned or
operated by a motor vehicle salvage dealer pursuant to Chapter 4738. of the
Revised Code or a construction and demolition debris facility, each application
for a facility license shall be accompanied by a nonrefundable fee in the
amount specified in section
3734.05, section
3734.81, or section
3714.06 of the Revised Code, as
applicable. For annual renewal license applications received by a licensing
authority between October first and December thirty-first, the applicant shall
pay an additional late fee in the amount specified in section
3734.05, section
3734.81, or section
3714.06 of the Revised Code, as
applicable, for each whole or partial week the application is submitted beyond
September thirtieth, which is the application deadline.
(2) An incomplete application shall not be
considered. Not later than sixty days after receipt of an incomplete
application, the applicant shall be notified of the nature of the deficiency
and of refusal by the director or the approved board of health to consider the
application until the deficiency is rectified and the application
completed.
(3) Signature. An
application for a license shall be signed in accordance with rule
3745-500-50 of the
Administrative Code.
(4) Timeframe
for application submittal.
(a) The applicant
shall submit the license application to the licensing authority in accordance
with the following:
(i) Except for an initial
processing facility license application submitted in accordance with paragraph
(D) of rule
3745-400-02 of the
Administrative Code or an initial license for a co-located processing facility
submitted in accordance with rule
3745-501-12 of the
Administrative Code, for a facility that has not previously received a license,
not later than ninety days prior to the proposed date for accepting solid
waste, infectious waste, or C&DD.
[Comment: Chapter 3734. of the Revised Code specifies an
applicant for a solid waste facility or infectious waste treatment facility
permit to install to concurrently submit an initial application for an
operating license even though the facility is not yet constructed or
operating.]
(ii) For a
facility that will continue operations beyond the expiration date of the
current license, on or before September thirtieth of the year preceding that
for which the renewal license is sought.
[Comment: The owner or operator of a facility undergoing
closure that has ceased waste acceptance and operations prior to December
thirty-first is required to comply with all applicable operational provisions
until the closure has been certified but is not required to submit an
application for renewal of the facility license.]
(b) Any complete facility renewal license
application submitted to the licensing authority between October first and
December thirty-first of the current license period shall be considered by the
licensing authority provided that the license application fee and any
applicable late fees are paid.
(c)
Any renewal license application not submitted to the licensing authority by
December thirty-first of the current license period shall not be considered for
approval or denial, and the facility will be subject to all applicable closure
requirements.
[Comment: Absent any obligation to cease facility operations,
any requirement pursuant to Chapter 3714. or 3734. of the Revised Code and
rules adopted under those chapters, or any administrative or court order, a
current licensee who has filed an application for a renewal license within the
time and in the manner provided in this rule is not required to discontinue
operations in the event that the licensing authority has not taken a final
action on the application.]
(C) The approved board of health shall manage
all license application fees in accordance with the applicable provisions of
Chapters 3714. and 3734. of the Revised Code.
Notes
Ohio Admin. Code 3745-501-10
Effective:
1/8/2023
Five Year Review (FYR) Dates:
7/4/2027
Promulgated Under:
119.03
Statutory
Authority: 3714.02,
3714.022,
3714.06,
3714.09,
3734.02,
3734.05,
3734.06,
3734.08
Rule
Amplifies: 3714.02,
3714.022,
3714.06,
3714.09,
3734.02,
3734.05,
3734.06,
3734.08
Prior
Effective Dates: 04/02/2012, 07/01/2020, 01/31/2022, 04/18/2022,
07/04/2022
