Ohio Revised Code
Chapter 3734 | Solid and Hazardous Wastes
Section 3734.44 | Issuance or Renewal of Permit or License.

Effective: October 9, 2021
Latest Legislation: House Bill 263 - 133rd General Assembly
Notwithstanding the provisions of any law to the contrary and except as provided in division (F) of this section, no permit or license shall be issued or renewed by the director of environmental protection or a board of health:
(A) Unless the director or the board of health finds that the applicant, in any prior performance record in the transportation, transfer, treatment, storage, or disposal of solid wastes, infectious wastes, or hazardous waste, has exhibited sufficient reliability, expertise, and competency to operate the solid waste, infectious waste, or hazardous waste facility, given the potential for harm to human health and the environment that could result from the irresponsible operation of the facility, or, if no prior record exists, that the applicant is likely to exhibit that reliability, expertise, and competence;
(B) If any individual or business concern required to be listed in the disclosure statement or shown to have a beneficial interest in the business of the applicant or the permittee, other than an equity interest or debt liability, by the investigation thereof, has been convicted of any of the following crimes under the laws of this state or equivalent laws of any other jurisdiction:
(1) Murder;
(2) Kidnapping;
(3) Gambling;
(4) Robbery;
(5) Bribery;
(6) Extortion;
(7) Criminal usury;
(8) Arson;
(9) Burglary;
(10) Theft and related crimes;
(11) Forgery and fraudulent practices;
(12) Fraud in the offering, sale, or purchase of securities;
(13) Alteration of motor vehicle identification numbers;
(14) Unlawful manufacture, purchase, use, or transfer of firearms;
(15) Unlawful possession or use of destructive devices or explosives;
(16) A violation of section 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of the Revised Code, unless the violation is for possession of less than one hundred grams of marihuana, less than five grams of marihuana resin or extraction or preparation of marihuana resin, or less than one gram of marihuana resin in a liquid concentrate, liquid extract, or liquid distillate form;
(17) Engaging in a pattern of corrupt activity under section 2923.32 of the Revised Code;
(18) A violation of the criminal provisions of Chapter 1331. of the Revised Code;
(19) Any violation of the criminal provisions of any federal or state environmental protection laws, rules, or regulations that is committed knowingly or recklessly, as defined in section 2901.22 of the Revised Code;
(20) A violation of any provision of Chapter 2909. of the Revised Code;
(21) Any offense specified in Chapter 2921. of the Revised Code.
(C) Notwithstanding division (B) of this section, no applicant shall be denied the issuance or renewal of a permit or license on the basis of a conviction of any individual or business concern required to be listed in the disclosure statement or shown to have a beneficial interest in the business of the applicant or the permittee, other than an equity interest or debt liability, by the investigation thereof for any of the offenses enumerated in that division as disqualification criteria if that applicant has affirmatively demonstrated rehabilitation of the individual or business concern by a preponderance of the evidence. If any such individual was convicted of any of the offenses so enumerated that are felonies, a permit shall be denied unless five years have elapsed since the individual was fully discharged from imprisonment and parole for the offense, from a community control sanction imposed under section 2929.15 of the Revised Code, from a post-release control sanction imposed under section 2967.28 of the Revised Code for the offense, or imprisonment, probation, and parole for an offense that was committed prior to July 1, 1996. In determining whether an applicant has affirmatively demonstrated rehabilitation, the director or the board of health shall request a recommendation on the matter from the attorney general and shall consider and base the determination on the following factors:
(1) The nature and responsibilities of the position a convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was committed;
(6) Whether the offense was an isolated or repeated incident;
(7) Any social conditions that may have contributed to the offense;
(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work release programs, or the recommendation of persons who have or have had the applicant under their supervision;
(9) In the instance of an applicant that is a business concern, rehabilitation shall be established if the applicant has implemented formal management controls to minimize and prevent the occurrence of violations and activities that will or may result in permit or license denial or revocation or if the applicant has formalized those controls as a result of a revocation or denial of a permit or license. Those controls may include, but are not limited to, instituting environmental auditing programs to help ensure the adequacy of internal systems to achieve, maintain, and monitor compliance with applicable environmental laws and standards or instituting an antitrust compliance auditing program to help ensure full compliance with applicable antitrust laws. The business concern shall prove by a preponderance of the evidence that the management controls are effective in preventing the violations that are the subject of concern.
(D) Unless the director or the board of health finds that the applicant has a history of compliance with environmental laws in this state and other jurisdictions and is presently in substantial compliance with, or on a legally enforceable schedule that will result in compliance with, environmental laws in this state and other jurisdictions;
(E) With respect to the approval of a permit, if the director determines that current prosecutions or pending charges in any jurisdiction for any of the offenses enumerated in division (B) of this section against any individual or business concern required to be listed in the disclosure statement or shown by the investigation to have a beneficial interest in the business of the applicant other than an equity interest or debt liability are of such magnitude that they prevent making the finding required under division (A) of this section, provided that at the request of the applicant or the individual or business concern charged, the director shall defer decision upon the application during the pendency of the charge.
(F) The director or the board of health shall not refuse to issue a permit or license to an applicant because of a conviction of an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
Last updated October 9, 2021 at 5:46 AM

Structure Ohio Revised Code

Ohio Revised Code

Title 37 | Health-Safety-Morals

Chapter 3734 | Solid and Hazardous Wastes

Section 3734.01 | Solid and Hazardous Waste Definitions.

Section 3734.02 | Rules for Inspection and Licensing of Solid Waste Facilities.

Section 3734.021 | Standards for Generators and Transporters of Infectious Wastes and Owners and Operators of Treatment Facilities.

Section 3734.023 | Off-Site Infectious Waste Treatment Facility Definitions.

Section 3734.024 | Funding for Municipal Corporation or Township for Conducting Environmental Monitoring Programs in Connection With Off-Site Infectious Waste Treatment Facilities.

Section 3734.025 | Return and Remittance of Fees by Owner or Operator.

Section 3734.026 | Procedures for Remitting Fees.

Section 3734.027 | Low-Level Radioactive Waste - Prohibited Activities.

Section 3734.028 | Standards of Quality for Compost Products.

Section 3734.029 | Application to Compost Products Produced by Facility Composting Dead Animals.

Section 3734.03 | Open Burning or Open Dumping.

Section 3734.04 | Inspection - Enforcement.

Section 3734.041 | Explosive Gas Monitoring Plan for Landfill.

Section 3734.042 | Complaint of Presence of Vectors at Scrap Tire Collection, Storage, Monocell, Monofill, or Recovery Facility.

Section 3734.05 | Licensing Requirements.

Section 3734.058 | Limiting Regulations by Local Authorities.

Section 3734.06 | Annual Fee for Solid Waste Facility License - Special Fund - Special Infectious Waste Fund.

Section 3734.061 | Waste Management Fund.

Section 3734.07 | Facilities to Be Inspected - Certification - Right of Entry.

Section 3734.08 | Annual Survey.

Section 3734.09 | Suspension, Revocation, Denial of License.

Section 3734.10 | Injunction.

Section 3734.101 | Civil Action.

Section 3734.11 | Prohibited Acts.

Section 3734.12 | Director of Environmental Protection - Powers and Duties.

Section 3734.121 | List of Hazardous Wastes Generated Within State.

Section 3734.122 | Storage and Disposal of Polychlorinated Biphenyls, Substances, Equipment, and Devices Containing or Contaminated With Polychlorinated Biphenyls.

Section 3734.123 | Assessment of Commercial Hazardous Waste Incinerator Capacity in State.

Section 3734.124 | Restrictions on Incinerators.

Section 3734.125 | Rules Governing Beneficial Use of Material From a Horizontal Well.

Section 3734.13 | Enforcement and Emergency Orders.

Section 3734.14 | Exchange, Use, and Recovery of Resources From Hazardous Waste.

Section 3734.141 | Disposing of Acute Hazardous Waste.

Section 3734.15 | Registration and Liability of Transporters and Acceptors of Hazardous Waste.

Section 3734.16 | Generator's Liability for Intentional Violation.

Section 3734.17 | Prohibiting Accepting Waste After Violation by Generator.

Section 3734.18 | Fees - Hazardous Waste Facility Management Fund.

Section 3734.19 | Request to Survey the Locations or Facilities.

Section 3734.20 | Investigations.

Section 3734.21 | Paying Costs of Closing, Constructing or Restoring Facilities.

Section 3734.22 | Agreement With Owner Prior to Cleanup.

Section 3734.23 | Acquiring Facility Constituting Imminent and Substantial Threat - Restoration Contracts.

Section 3734.24 | Transferring or Selling Cleaned Up Facility.

Section 3734.25 | Paying Portion of Costs of Closing Facility or Abating Pollution.

Section 3734.26 | Grants to and Contracts With Owner of Facility.

Section 3734.27 | Application and Survey to Precede Grant.

Section 3734.28 | Hazardous Waste Clean-Up Fund.

Section 3734.281 | Environmental Protection Remediation Fund.

Section 3734.282 | Natural Resource Damages Fund.

Section 3734.29 | Claim for Personal Injuries or Real Property Damage Resulting From Violation.

Section 3734.30 | State's Liability for Injury or Damage.

Section 3734.31 | Inspecting and Monitoring Facilities.

Section 3734.35 | Affected Community May Request Compensation Agreement.

Section 3734.40 | Policy as to Off-Site Treatment, Storage and Disposal of Wastes.

Section 3734.41 | Qualifications of Licensees and Related Persons Definitions.

Section 3734.42 | Disclosure Statement.

Section 3734.43 | Investigative Demand by Attorney General.

Section 3734.44 | Issuance or Renewal of Permit or License.

Section 3734.45 | Causes for Revocation.

Section 3734.46 | Effect of Disqualification.

Section 3734.47 | Investigations and Review of Applications for Permits and Licenses.

Section 3734.49 | Materials Management Advisory Council.

Section 3734.50 | State Solid Waste Management Plan.

Section 3734.501 | Annual Review of Solid Waste Management in State.

Section 3734.52 | Establishing County or Joint Solid Waste Management Districts.

Section 3734.521 | Change in District Composition.

Section 3734.53 | Contents of County or Joint Solid Waste Management District Plan.

Section 3734.531 | Effect of Failure of District to Add Members to Policy Committee or Board of Trustees.

Section 3734.54 | Preparing and Submitting Solid Waste Management Plan.

Section 3734.55 | Preliminary Review of Draft Plan.

Section 3734.551 | Reimbursement of Director for Expenses of Preparing and Ordering Implementation of Plan or Amended Plan.

Section 3734.56 | Submission of Amended Plan and Certification.

Section 3734.57 | Fees for Waste Disposal.

Section 3734.571 | Disposal Fees Where District Has No Facilities.

Section 3734.572 | Disposal Fee to Defray Costs of Initial Plan of District Without Disposal Facility.

Section 3734.573 | Fee for Generation of Solid Wastes Within District.

Section 3734.574 | Generation and Disposal Fees.

Section 3734.575 | Report of Fees and Accounts.

Section 3734.576 | Exemption of Automotive Shredder Residue From Generation Fee.

Section 3734.577 | Exemption From Fees Prohibited.

Section 3734.578 | Fees Inapplicable to Solid Waste Used as Alternative Daily Cover.

Section 3734.60 | Plastic Containers Labeled With Code for Basic Material Used in Bottle or Container.

Section 3734.61 | Mercury Devices Definitions.

Section 3734.62 | Purchase of Mercury-Added Measuring Device for Classroom Use.

Section 3734.63 | Sale of Mercury-Containing Thermometer for Promotional Purposes.

Section 3734.64 | Sale of Mercury-Added Novelty for Promotional Purposes.

Section 3734.65 | Sale or Installation of Mercury-Containing Thermostat.

Section 3734.70 | Scrap Tire Collection Facilities Rules.

Section 3734.71 | Scrap Tire Storage Facilities Rules.

Section 3734.72 | Scrap Tire Monocell and Monofill Facilities Rules.

Section 3734.73 | Scrap Tire Recovery Facilities Rules.

Section 3734.74 | Scrap Tire Transportation Rules.

Section 3734.75 | Submitting to Written Notice - Collection Facility.

Section 3734.76 | Submitting to Written Notice - Storage Facility.

Section 3734.77 | Notice of Operation by Owner or Operator of a Scrap Tire Monocell or Monofill Facility.

Section 3734.78 | Submitting to Written Notice - Restoration Facility.

Section 3734.79 | Permit Application Fees.

Section 3734.80 | Municipal Corporation, County, or Township Regulations.

Section 3734.81 | Obtaining License From Board of Health or Director of Environmental Protection Agency.

Section 3734.82 | Annual Fee for Scrap Tire Recovery Facility License - Scrap Tire Management Fund.

Section 3734.822 | Scrap Tire Grant Fund.

Section 3734.83 | Registration of Transporters.

Section 3734.84 | Notification Requirements for Persons Who Beneficially Use Scrap Tires.

Section 3734.85 | Enforcement and Removal.

Section 3734.86 | Disposal of Off-Road Construction and Mining Equipment Tires.

Section 3734.87 | Report and Recommendations of Director of Environmental Protection.

Section 3734.90 | Tire Sales Fee Definitions.

Section 3734.901 | Tire Fee Administrative Fund.

Section 3734.902 | Tax Commissioner Administration and Enforcement.

Section 3734.903 | Liability of Wholesale Distributor and Retail Dealer.

Section 3734.904 | Filing Returns.

Section 3734.905 | Refund of Fee.

Section 3734.906 | Records.

Section 3734.907 | Personal Liability.

Section 3734.908 | Dissolution, Termination, or Bankruptcy Does Not Discharge Personal Liability.

Section 3734.909 | Limitation on Assessment.

Section 3734.9010 | Tire Fee Administrative Fund.

Section 3734.9011 | Registration of Wholesale Distributors, Retail Dealers.

Section 3734.9012 | Wholesale Distributor to Provide Statement to Customers.

Section 3734.9013 | Prohibited Acts.

Section 3734.9014 | Maintaining List of Registered Distributors.

Section 3734.91 | Definitions - Lead Acid Batteries.

Section 3734.911 | Prohibiting Commingling of Used Lead-Acid Batteries.

Section 3734.912 | Duties of Retailer.

Section 3734.913 | Duties of Wholesaler.

Section 3734.914 | Required Signage.

Section 3734.915 | No Signage for Lead-Acid Battery Cases.

Section 3734.99 | Penalty.