Ohio Revised Code
Chapter 3734 | Solid and Hazardous Wastes
Section 3734.81 | Obtaining License From Board of Health or Director of Environmental Protection Agency.

Effective: March 30, 1995
Latest Legislation: House Bill 685 - 120th General Assembly
(A) On and after the effective date of the applicable rules adopted under section 3734.70, 3734.71, 3734.72, or 3734.73 of the Revised Code and except as otherwise provided in division (B) of this section, division (D) of section 3734.75, or division (D) of section 3734.76 of the Revised Code, no person shall operate a scrap tire collection, storage, monocell, monofill, or recovery facility without a license issued under this section by the board of health of the health district in which the facility is located or by the director of environmental protection when the health district in which the facility is located is not on the approved list under section 3734.08 of the Revised Code.
During the month of December, but before the first day of January of the next year, every person proposing to continue to operate an existing scrap tire collection, storage, monocell, monofill, or recovery facility shall procure a license to operate the facility for that year from the board of health of the health district in which the facility is located or, if the health district is not on the approved list under section 3734.08 of the Revised Code, from the director. The application for any such license shall be submitted to the board of health or the director, as appropriate, on or before the last day of September of the year preceding that for which the license is sought. Each application for a license submitted under this section shall be accompanied by a nonrefundable application fee of one hundred dollars, except that the application fee does not apply to an application for a license for a scrap tire collection or storage facility that is owned or operated by a motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code. In addition to the application fee, if any, a person who submits an application after that date shall pay an additional ten per cent of the amount of the application fee for each week that the fee is late. If a license is issued, the amount of the application fee, if any, shall be deducted from the amount of the license fee due under division (A), (B), (C), or (D) of section 3734.82 of the Revised Code. If the application for an annual license is submitted to a board of health on the approved list under section 3734.08 of the Revised Code, the application fee, if any, and any accompanying late payment fees shall be credited to the special fund of the health district created in division (F) of section 3734.82 of the Revised Code. If the application for an annual license is submitted to the director, the application fee, if any, and any accompanying late payment fees shall be credited to the scrap tire management fund created in that section.
The board of health or the director may include such terms and conditions in a license or revision to a license issued under this section as are appropriate to ensure compliance with this chapter and the applicable rules adopted under it. Terms or conditions in a license or revision to a license issued by a board of health shall be consistent with and pertain only to the subjects addressed in the applicable rules adopted under section 3734.70, 3734.71, 3734.72, or 3734.73 of the Revised Code.
A person who has received a license, upon sale or disposition of the facility, may have the license transferred to another person with the consent of the board of health or the director. Upon issuance of a license under this section, the board of health shall mail a copy of the license to the director.
(B) The owner or operator of a scrap tire collection, storage, monocell, monofill, or recovery facility that is in operation on the effective date of the applicable rules adopted under section 3734.70, 3734.71, 3734.72, or 3734.73 of the Revised Code and who complies with division (B) of section 3734.75, division (B) of section 3734.76, division (B) of section 3734.77, or division (B) of section 3734.78 of the Revised Code, whichever is applicable, may continue to operate the facility without a license until the director issues a final action on the application for a registration certificate or permit for the facility submitted thereunder, as applicable.
(C)(1) Except as otherwise provided in division (C)(2) of this section, the owner or operator of a scrap tire collection, storage, or recovery facility that is in operation on the effective date of the applicable rules adopted under section 3734.70, 3734.71, or 3734.73 of the Revised Code shall submit with his application for an initial license under this section, in addition to any other information required by the board of health or the director, as appropriate, information indicating the number of scrap tires collected or stored at the facility on the effective date of the applicable rules. For each of the five years thereafter, the owner or operator, when submitting an application under this section for an annual license for the facility, shall submit with his application, in addition to any other information required by the board or the director, as appropriate, information demonstrating that the number of scrap tires indicated on the application for the initial license as having been collected or stored at the facility has been or will have been reduced by at least twenty per cent during the current license year or that at least twenty per cent of those tires have been or will have been stored in compliance with applicable requirements established in rules adopted by the director under section 3734.71 of the Revised Code during the current license year. If the owner or operator fails to make either demonstration, the board or the director, as appropriate, shall deny the license for the facility in accordance with section 3734.09 of the Revised Code.
(2) With respect to a scrap tire collection or storage facility that is owned or operated by a motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code and that is in operation on the effective date of this section and of the applicable rules adopted under section 3734.70 or 3734.71 of the Revised Code, the licensed salvage dealer shall submit with his application for an initial license under this section, in addition to any other information required by the board of health or the director, as appropriate, information indicating the number of scrap tires collected or stored at the facility on the effective date of the applicable rules and a plan for compliance with the requirement of division (C)(2) of this section for either reducing the number of scrap tires collected or stored at the facility or storing the tires in compliance with rules adopted under section 3734.71 of the Revised Code. Commencing with the third year after the effective date of the applicable rules and for each of the four years thereafter, the licensed salvage dealer, when submitting his application under this section for an annual license for the facility, shall submit with his application, in addition to any other information required by the board or the director, as appropriate, information demonstrating that the number of scrap tires indicated on the application for the initial license as having been collected or stored at the facility has been or will have been reduced by at least twenty per cent during the current license year or that at least twenty per cent of those tires have been or will have been stored in compliance with applicable requirements established in rules adopted by the director under section 3734.71 of the Revised Code during the current license year. If the licensed salvage dealer fails to make either demonstration, the board or the director, as appropriate, shall deny the license for the facility in accordance with section 3734.09 of the Revised Code.
(D) The owner or operator of a scrap tire collection, monocell, monofill, or recovery facility licensed under this section need not obtain an additional license under this section for the temporary storage of scrap tires at the facility.
(E) The owner or operator of a scrap tire storage, monocell, monofill, or recovery facility licensed under this section need not obtain an additional license under this section for the temporary collection of scrap tires at the facility.

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.