Sec. 3714.02. Within twelve months after
July 24, 1990, the | 10 |
| The director of environmental protection
shall adopt, and may | 11 |
| amend and rescind, rules in accordance with
Chapter 119. of the | 12 |
| Revised Code governing construction and
demolition debris | 13 |
| facilities and the inspection of and issuance
of licenses for | 14 |
| those facilities. The rules shall ensure that
the facilities will | 15 |
| not create a nuisance, fire hazard, or health
hazard or cause or | 16 |
| contribute to air or water pollution. The
rules shall establish | 17 |
| all of the following: | 18 |
(H)(I) Financial assurance requirements for the closure of | 47 |
|
facilities. The rules shall require that the owner or operator
of | 48 |
| a facility, before being issued a license for the facility
under | 49 |
| section 3714.06 of the Revised Code, submit a surety bond,
a | 50 |
| letter of credit, or other acceptable financial assurance, as | 51 |
| specified by
the director in the rules, in an
amount equal to the | 52 |
| estimated costs for closure of those portions
of the facility that | 53 |
| have been, are being, or are to be used for
the disposal of | 54 |
| construction and demolition debris as contained
in the closure | 55 |
| plan for the facility approved by the board of
health of the | 56 |
| health district in which the facility is or is to
be located or, | 57 |
| if the facility is or is to be located in a health
district that | 58 |
| is not on the approved list under division (A) or
(B)(1) or (2) of | 59 |
| section 3714.09 of the Revised Code, by the
director. | 60 |
| Sec. 3714.03. Neither the director of environmental | 76 |
|
protection nor any board of health shall issue a license under | 77 |
|
section 3714.06 of the Revised Code to establish and operate a
new | 78 |
| construction and demolition debris facility when any portion
of | 79 |
| the facility is proposed to be located in a location that does not | 80 |
| comply with the siting requirements established in rules adopted | 81 |
| under division (A) of section 3714.02 of the Revised Code or in | 82 |
| either of the
following locations: | 83 |
| (A) Within the boundaries of the one-hundred-year flood
plain | 84 |
| of a watercourse, as those boundaries are shown on the
applicable | 85 |
| maps prepared under the "National Flood Insurance Act
of 1968," 82 | 86 |
| Stat. 572, 42 U.S.C.A. 4001, as amended, unless the
owner or | 87 |
| operator has obtained an exemption from this division in | 88 |
|
accordance with section 3714.04 of the Revised Code. With
respect | 89 |
| to watercourses or portions thereof for which no such
maps have | 90 |
| been prepared, the boundaries of the one-hundred-year
flood plain | 91 |
| shall be determined by the applicant for a license
based upon a | 92 |
| design storm of seven inches of precipitation in
twenty-four hours | 93 |
| and upon standard methodologies set forth in
"urban hydrology for | 94 |
| small watersheds" (soil conservation service
technical release | 95 |
| number 55) and section 4 of the "national
engineering hydrology | 96 |
| handbook" of the soil conservation service
of the United States | 97 |
| department of agriculture. | 98 |
| Sec. 3714.06. (A) No person shall establish, modify, | 103 |
|
operate, or maintain a construction and demolition debris
facility | 104 |
| without a construction and demolition debris facility
installation | 105 |
| and operation license issued by the board of health
of the health | 106 |
| district in which the facility is or is to be
located or, if the | 107 |
| facility is or is to be located in a health
district that is not | 108 |
| on the approved list under division (A) or
(B)(1) or (2) of | 109 |
| section 3714.09 of the Revised Code, from the
director of | 110 |
| environmental protection. Each person proposing to
open a new | 111 |
| construction and demolition debris facility or to
modify an | 112 |
| existing facility shall, at least ninety days before
proposed | 113 |
| operation of the facility, submit an application for a
license | 114 |
| with accompanying plans, specifications, and information
regarding | 115 |
| the facility and its method of operation to the board
of health of | 116 |
| the health district in which the facility is located
or proposed | 117 |
| for approval as complying with the rules adopted
under section | 118 |
| 3714.02 of the Revised Code and the standards set
forth in | 119 |
| divisions (A) and (B) of section 3714.03 of the Revised
Code or, | 120 |
| if the health district in which the facility is located
or | 121 |
| proposed to be located is not on the approved list under
division | 122 |
| (A) or (B)(1) or (2) of section 3714.09 of the Revised
Code, to | 123 |
| the director for approval as complying with those rules
and | 124 |
| standards. If the board of health or the director, as
appropriate, | 125 |
| finds that the proposed facility or modification
complies with | 126 |
| those rules and standards, the board or director
shall issue a | 127 |
| license for the facility. Any such license may be
issued with such | 128 |
| terms and conditions as the board or the
director, as appropriate, | 129 |
| finds necessary to ensure that the
facility will comply with this | 130 |
| chapter and the rules adopted
under it and to protect the public | 131 |
| health and safety and the
environment. Licenses issued under this | 132 |
| section expire annually
on the thirty-first day of December. | 133 |
| (B) During the month of December, but before the first day
of | 134 |
| January of the next year, each person proposing to continue
with | 135 |
| construction or operation of a construction and demolition
debris | 136 |
| facility shall procure a license for the facility for that
year | 137 |
| from the board of health of the health district in which the | 138 |
|
facility is located or, if the facility is located in a health | 139 |
|
district that is not on the approved list under division (A) or | 140 |
|
(B)(1) or (2) of section 3714.09 of the Revised Code, from the | 141 |
|
director. The application for a license shall be submitted to
the | 142 |
| board of health or the director, as appropriate, on or before
the | 143 |
| last day of September of the year preceding that for which
the | 144 |
| license is sought. A person who has received a license, upon
sale | 145 |
| or disposition of the facility, may, with the consent of the
board | 146 |
| or the director, as appropriate, have the license
transferred to | 147 |
| another person. | 148 |
(C) The owner or operator of a construction and demolition | 149 |
debris facility that is in operation or under construction on the | 150 |
effective date of this section shall, within six months after the | 151 |
effective date of the rules adopted under section 3714.02 of the | 152 |
Revised Code, submit to the board of the health district in which | 153 |
the facility is located or under construction an application for
a | 154 |
construction and demolition debris facility installation and | 155 |
operation license and accompanying plans, specifications, and | 156 |
information regarding the facility and its method of operation.
If | 157 |
the health district in which such an existing facility is not
on | 158 |
the approved list under division (A) or (B)(1) or (2) of
section | 159 |
3714.09 of the Revised Code, the owner or operator of the
facility | 160 |
shall submit the application for a license and
accompanying plans, | 161 |
specifications, and information regarding the
facility and its | 162 |
method of operation to the director within that
time. The board or | 163 |
the director, as appropriate, shall issue a
license for such an | 164 |
existing facility within ninety days after
receiving a complete | 165 |
application therefor and accompanying plans,
specifications, and | 166 |
information if the board or the director
finds that the facility | 167 |
complies with the rules adopted under
section 3714.02 of the | 168 |
Revised Code. When issuing a license
under this division for an | 169 |
existing facility or a license to
expand any existing facility | 170 |
that was initially licensed under
this division onto contiguous | 171 |
land owned by the owner or operator
of the existing facility on | 172 |
the date on which the application for
a license for the facility | 173 |
was submitted under this division,
neither the board nor the | 174 |
director shall consider whether the
existing facility complies | 175 |
with the standards set forth in
divisions (A) and (B) of section | 176 |
3714.03 of the Revised Code. | 177 |
If the board of health or the director denies an
application | 178 |
submitted under this division, the board or the
director shall | 179 |
include in the order denying the application the
requirements that | 180 |
the owner or operator of the facility submit a
plan for closure of | 181 |
the facility to the board or the director, as
appropriate, for | 182 |
approval within six months after issuance of the
order; cease | 183 |
accepting construction and demolition debris for
disposal; and | 184 |
commence closure of the facility within one year
after issuance of | 185 |
the order. | 186 |
| (E) No owner or operator of a construction or demolition | 203 |
|
debris facility shall dispose of asbestos or asbestos-containing | 204 |
materials or products at the facility unless hethe owner or | 205 |
|
operator is specifically
authorized to do so by the board of | 206 |
| health of the health district
in which the facility is located, or | 207 |
by the director, pursuant to
rules adopted under division (D)(E) | 208 |
| of section 3714.02 of the
Revised Code. | 209 |
| (F) No person shall knowingly place or cause to be placed
any | 210 |
| reinforced or nonreinforced concrete, asphalt, clay tile,
building | 211 |
| or paving brick, or building or paving stone resulting
from the | 212 |
| alteration, construction, destruction, rehabilitation,
or repair | 213 |
of any manmadeartificial physical structure as fill material on | 214 |
|
or in any land owned, leased, or controlled by the person, other | 215 |
|
than on the site where the materials were so generated or
removed, | 216 |
| without providing written notice to the board of health
of the | 217 |
| health district in which the land is located or, if the
health | 218 |
| district is not on the approved list under division (A) or
(B)(1) | 219 |
| or (2) of section 3714.09 of the Revised Code, to the
director of | 220 |
| environmental protection at least seven days prior to
the first | 221 |
| placement of any such materials as fill material at the
off-site | 222 |
| location. | 223 |