Section 3745-37-08 - Approved list of health districts(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. Ohio Admin. Code 3745-37-08
Effective: 11/7/2024
Five Year Review (FYR) Dates: 8/14/2024 and 11/07/2029
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3734.02
Rule Amplifies: 3714.06, 3714.09, 3734.05, 3734.08
Prior Effective Dates: 07/29/1976, 05/01/1990, 09/30/1996