Effective: February 29, 1996
Latest Legislation: House Bill 545 - 121st General Assembly
(A) The owner or operator of a scrap tire recovery facility that is in operation on October 29, 1993, within four months after that date, shall submit written notice to the director of environmental protection of the location of the facility, the nature of the scrap tire recovery operations performed at the facility, and the approximate number or quantity in weight or volume of scrap tires present at the facility.
No person shall fail to comply with this division.
(B) The owner or operator of a scrap tire recovery facility that is in operation on the effective date of the rules adopted under section 3734.73 of the Revised Code, in accordance with a schedule established in rules adopted in accordance with Chapter 119. of the Revised Code, either shall register with the director by submitting an application for a scrap tire recovery facility registration certificate with accompanying information regarding the facility and its method of operation or shall submit to the director an application for a scrap tire recovery facility permit with accompanying engineering detail plans, specifications, and information regarding the facility and its method of operation, as determined by the applicant in accordance with rules adopted under section 3734.73 of the Revised Code, for approval under those rules. The director shall do one of the following:
(1) Issue a registration certificate or deny the registration within ninety days after receiving the application and the accompanying information;
(2) Act on an application for a permit within one hundred eighty days after receiving the application and the accompanying engineering detail plans, specifications, and information.
The applicant for such a registration certificate or permit concurrently shall submit an application for a license under section 3734.81 of the Revised Code to the board of health of the health district in which the facility is located. If the director denies such a registration or permit application, the director shall include in the order denying it the requirement that the owner or operator cease accepting scrap tires at the facility on the effective date of the order.
No person shall fail to comply with this division or an order issued under it.
(C) On and after the effective date of the rules adopted under section 3734.73 of the Revised Code, no person shall establish a new, or modify an existing, scrap tire recovery facility without first either registering with the director by submitting an application for a scrap tire recovery facility registration certificate with accompanying information regarding the facility and its method of operation or submitting to the director an application for a scrap tire recovery facility permit with accompanying engineering detail plans, specifications, and information regarding the facility and its method of operation, as determined by the applicant in accordance with rules adopted under section 3734.73 of the Revised Code, for approval under those rules and receiving a registration certificate or a permit issued by the director under this division. The director shall do one of the following:
(1) Issue a registration certificate or deny the registration within ninety days after receiving the application and the accompanying information;
(2) Act on an application for a permit within one hundred eighty days after receiving the application and the accompanying engineering detail plans, specifications, and information.
The applicant for such a registration certificate or permit concurrently shall submit an application for a license under section 3734.81 of the Revised Code to the board of health of the health district in which the facility is located or proposed.
(D) Each registration certificate or permit issued under this section shall set forth in tons the daily design input capacity of scrap tires of the facility for which the registration certificate or permit was issued as that tonnage is contained in the accompanying information regarding the facility and its method of operation or in the engineering detail plans, specifications, and information regarding the facility and its method of operation, as applicable, approved by the director under this section.
(E) Nothing in this section precludes the owner or operator of a scrap tire recovery facility from conducting a test burn in accordance with guidelines adopted by the director without the necessity to obtain a registration certificate or a permit under this section, provided that all such testing shall comply with applicable state and federal statutes, rules, and regulations governing air pollution control.
(F)(1) Except as otherwise provided in this division, divisions (A) through (E) of this section and section 3734.81 of the Revised Code do not apply until March 1, 2001, to the owner or operator of a scrap tire recovery facility that was in operation as of March 1, 1996, and processes not less than seventy-five per cent bias-ply tires. Not later than March 1, 2001, or thirty days after division (F)(1) of this section ceases to apply to such a scrap tire recovery facility, whichever occurs earlier, the owner or operator of the facility shall submit to the director an application for a registration or permit, as applicable, and a license in accordance with this section and section 3734.81 of the Revised Code and rules adopted under them. For the purpose of complying with division (C)(1) of section 3734.81 of the Revised Code, the number of tires collected or stored at such a scrap tire recovery facility shall be determined as of March 1, 2001, or as of the date on which division (F)(1) of this section ceases to apply to the facility. Division (F)(1) of this section shall apply only if the total weight of bias-ply tires processed at a scrap tire recovery facility equals or exceeds seventy-five per cent of the total weight of all scrap tires and other rubber goods processed at the facility in at least eight months in each calendar year.
(2) The director shall adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code that require the owner or operator of a scrap tire recovery facility described in division (F)(1) of this section to maintain information demonstrating the applicability of that division to the facility and to operate the facility in a manner that does not adversely affect public safety and the environment. The owner or operator of such a scrap tire recovery facility shall comply with those rules.
Structure 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 3734.023 | Off-Site Infectious Waste Treatment Facility Definitions.
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 3734.05 | Licensing Requirements.
Section 3734.058 | Limiting Regulations by Local Authorities.
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 3734.101 | 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 3734.123 | 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 3734.24 | 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 3734.54 | Preparing and Submitting Solid Waste Management Plan.
Section 3734.55 | Preliminary Review of Draft 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 3734.573 | 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 3734.61 | 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 3734.78 | Submitting to Written Notice - Restoration Facility.
Section 3734.79 | Permit Application Fees.
Section 3734.80 | Municipal Corporation, County, or Township Regulations.
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 3734.907 | 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.