(A) The director maintains the following
approved lists of health districts:
(1) The solid and
infectious wastes program approved list of health districts for the purpose of
issuing a license to a solid waste facility or infectious waste treatment
facility under section 3734.05 of the Revised Code.
(2) The construction and
demolition debris program approved list of health districts for the purpose of
issuing a license to a construction and demolition debris facility under
section 3714.06 of the Revised Code.
(B) Health districts placed on the solid
and infectious wastes program approved list are also concurrently placed on the
construction and demolition debris program approved list as specified in
division (A) of section 3714.09 of the Revised Code. Health districts removed
from the solid and infectious wastes program approved list in accordance with
division (B) of section 3734.08 of the Revised Code are also removed from the
construction and demolition debris program approved list as specified in
division (A) of section 3714.09 of the Revised Code. Health districts that are
not on the solid and infectious wastes program approved list in accordance with
division (A) or (B) of section 3734.08 of the Revised Code may request that the
director place the health district on the construction and demolition debris
program approved list in accordance with division (B)(1) of section 3714.09 of
the Revised Code.
[Comment: The criteria for the placement of a
health district on the director's construction and demolition debris
approved list is contained in paragraphs (B) and (C) of rule 3745-37-09 of the
Administrative Code.]
(C) The director shall survey annually
each health district on the solid and infectious wastes program approved list
as provided by section 3734.08 of the Revised Code to determine whether there
is substantial compliance with Chapter 3734. of the Revised Code and with
Chapters 3745-27 and 3745-500 to 3745-599 of the Administrative Code, as
applicable. Substantial compliance shall be deemed to exist if the health
district demonstrates the following:
(1) Applications for
solid waste facility licenses and infectious waste treatment facility licenses
are on file for each licensed solid waste facility and infectious waste
treatment facility in the health district.
(2) Applications
specified in paragraph (C)(1) of this rule are properly completed with all
necessary information.
(3) All known solid waste
facilities or infectious waste treatment facilities operating in the health
district subject to licensure pursuant to section 3734.05 of the Revised Code
do hold valid and unexpired licenses.
(4) No license has been
issued for any new solid waste facility or new infectious waste treatment
facility prior to the director's issuance of necessary permits and
approval of detail plans.
(5) Certification of
inspection and compliance has been made to the director not later than thirty
days after issuance of a solid waste facility license or infectious waste
treatment facility license as specified in section 3734.07 of the Revised
Code.
(6) The health district
inspects solid waste facilities and infectious waste treatment facilities
subject to Chapters 3745-27 and 3745-500 to 3745-599 of the Administrative
Code, as applicable, with sufficient frequency to ensure substantial compliance
therewith, and in any event inspects each such solid waste facility and
infectious waste treatment facility at least quarterly, and inspects each such
new solid waste facility and infectious waste treatment facility at least
biweekly during the first three months of operation. Such quarterly inspections
shall include inspection of any transport vehicles that are on the premises at
the time of inspection.
(7) The health district
maintains a file of information relating to each licensed solid waste facility
and infectious waste treatment facility throughout each solid waste
facility's and infectious waste facility's operation and applicable
closure and applicable post-closure care periods. Each file shall include
applications for solid waste licenses, infectious waste treatment facility
licenses, certification records, inspection records, approved plans, litigation
information (except that privileged by the attorney-client relationship), and
other pertinent information.
(8) The health district
undertakes appropriate actions against persons holding solid waste licenses or
infectious waste treatment facility licenses and against persons who operate
solid waste facilities or infectious waste treatment facilities without holding
necessary solid waste licenses or infectious waste treatment facility licenses,
and against other persons, whenever necessary to bring about substantial
compliance with Chapter 3734. of the Revised Code and Chapters 3745-27 and
3745-500 to 3745-599 of the Administrative Code, as applicable.
(9) The health district
takes immediate action to abate serious hazards to the public health resulting
from violations of Chapter 3734. of the Revised Code, and Chapters 3745-27 and
3745-501 of the Administrative Code.
(10) The health district
complies with rules 3745-500-120, 3745-501-15, and 3745-501-20 of the
Administrative Code.
(11) The health district
seeks legal assistance from appropriate state and local agencies as necessary
to carry out the heath district's assigned responsibilities.
(D) The director shall survey annually
each health district on the construction and demolition debris program approved
list as provided by section 3714.09 of the Revised Code to determine whether
there is substantial compliance with Chapter 3714. of the Revised Code and with
Chapters 3745-400 and 3745-501 of the Administrative Code. Substantial
compliance shall be deemed to exist if the health district demonstrates the
following:
(1) Applications for
construction and demolition debris facility and construction and demolition
debris processing facility licenses are on file for each licensed construction
and demolition debris facility and construction and demolition debris
processing facility in the health district.
(2) Applications
specified in paragraph (D)(1) of this rule are properly completed with all
necessary information.
(3) All known
construction and demolition debris facilities and construction and demolition
debris processing facilities operating in the health district that are
obligated to hold licenses pursuant to section 3714.06 of the Revised Code do
hold valid and unexpired licenses.
(4) Certification of
inspection and compliance has been made to the director not later than thirty
days after issuance of a construction and demolition debris facility and
construction and demolition debris processing facility license as specified in
section 3714.08 of the Revised Code.
(5) The health district
inspects construction and demolition debris facilities and construction and
demolition debris processing facilities subject to Chapter 3745-400 and
3745-501 of the Administrative Code with sufficient frequency to ensure
substantial compliance therewith, and in any event inspects each such
construction and demolition debris facility and construction and demolition
debris processing facility at least quarterly, and inspects each such new
construction and demolition debris facility and construction and demolition
debris processing facility at least bi-weekly during the first three months of
operation.
(6) The health district
maintains a file of information relating to each licensed construction and
demolition debris facility and construction and demolition debris processing
facility throughout operation and closure of the construction and demolition
debris facility and construction and demolition debris processing facility.
Each file shall include applications for construction and demolition debris
facility and construction and demolition debris processing facility licenses,
inspection records, approved exemptions and plans, certification records,
litigation information (except that privileged by the attorney-client
relationship), and other pertinent information.
(7) The health district
undertakes appropriate actions against persons holding construction and
demolition debris facility and construction and demolition debris processing
facility licenses, and against persons who operate a construction and
demolition debris facility or a construction and demolition debris processing
facility without a license and against other persons whenever necessary to
bring about substantial compliance with Chapter 3714. of the Revised Code and
Chapters 3745-400 and 3745-501 of the Administrative Code.
(8) The health district
takes immediate action to abate serious hazards to the public health resulting
from violations of Chapter 3714. of the Revised Code and Chapters 3745-400 and
3745-501 of the Administrative Code.
(9) The health district
complies with rules 3745-500-120, 3745-501-15, and 3745-501-20 of the
Administrative Code.
(10) The health district
seeks legal assistance from appropriate state and local agencies as necessary
to carry out its assigned responsibilities.
(11) Each health district
construction and demolition debris staff person possesses either a registered
environmental health specialist or environmental health specialist in training
certificate, the equivalent educational background necessary to be a registered
environmental health specialist, or two years adequate work experience
inspecting waste facilities.
(12) The health district
maintains a file of information relating to each exemption issued, and each
special term and condition imposed with each license issuance. The file shall
include a copy of each exemption order issued and each license issued that
contains special terms or conditions, as well as the health district's
written justification for each action.
(E) Placement on the approved
list.
(1) If the director
determines, in accordance with sections 3734.08 and 3714.09 of the Revised
Code, that there is substantial compliance with Chapters 3734. and 3714. of the
Revised Code and Chapters 3745-27, 3745-400, and 3745-501 of the Administrative
Code, the director shall place the health district on both the solid and
infectious wastes program approved list and the construction and demolition
debris program approved list.
(2) If the director
determines, in accordance with division (B) of section 3714.09 of the Revised
Code, that there is substantial compliance with Chapter 3714. of the Revised
Code and Chapters 3745-400 and 3745-501 of the Administrative Code, the
director shall place the health district on the construction and demolition
debris program approved list.
(F) Ineligibility.
(1) If the director
determines, in accordance with division (B) of section 3734.08 and division (A)
of section 3714.09 of the Revised Code, that there is not substantial
compliance with Chapters 3734. and 3714. of the Revised Code and Chapters
3745-27, 3745-400, and 3745-501 of the Administrative Code, the director shall
promptly notify the health district of the director's determination by
certified mail or any other form of mail accompanied by a receipt. The director
or the director's authorized representative shall also consult with and
advise the health district regarding the health district's ineligibility
to be placed on the both the solid and infectious wastes program approved list
and the construction and demolition debris program approved list and steps to
be taken to bring the solid waste program, infectious waste program, or
construction and demolition debris program into compliance.
(2) If the director
determines, in accordance with division (B) of section 3714.09 of the Revised
Code, that there is not substantial compliance with Chapter 3714. of the
Revised Code and Chapters 3745-400 and 3745-501 of the Administrative Code, the
director shall promptly notify the health district of the director's
determination by certified mail or any other form of mail accompanied by a
receipt. The director or the director's authorized representative shall
also consult with and advise the health district regarding the health
district's ineligibility to be placed on the construction and demolition
debris program approved list and steps to be taken to bring the construction
and demolition debris program into compliance.
