Section 3745-599-01 - Beneficial use and harbor sediment authorization - applicability(A) Beneficial use. (1) Unless otherwise excluded as provided in rule 3745-599-05 of the Administrative Code, this chapter authorizes the beneficial use of beneficial use byproducts that are placed on land or burned in accordance with 40 C.F.R. Part 241 (2011), including beneficial use byproducts that are commingled with other beneficial use byproducts or beneficial use byproducts commingled with materials that are not a waste. (2) Drinking water treatment material as authorized under a beneficial use permit issued pursuant to this chapter is not a solid waste under Chapter 3734. of the Revised Code.(3) Notwithstanding paragraph (A)(2) of this rule, when a beneficial use byproduct has been managed and beneficially used in accordance with this chapter, the beneficial use byproduct that has been beneficially used is not a solid waste under Chapter 3734. of the Revised Code.(B) Harbor sediment authorization. This chapter authorizes the director to issue a harbor sediment authorization for lake Erie dredge that the director determines is neither a solid waste nor an other waste. A harbor sediment authorization issued in accordance with this chapter does not authorize the placement of any material into waters of the state. [Comment: Placement of materials into waters of the state may require an authorization pursuant to Chapter 6111. of the Revised Code.]
(C) Compliance with this chapter, or permits authorized hereunder, does not relieve any person of obligations under state or federal laws and rules.Ohio Admin. Code 3745-599-01
Effective: 2/11/2024
Five Year Review (FYR) Dates: 11/27/2023 and 11/27/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 6111.03, 6111.035, 6111.32, 6111.34
Rule Amplifies: 3734.02, 6111.03, 6111.035, 6111.32, 6111.33, 6111.34
Prior Effective Dates: 03/31/2017, 02/25/2019