Section 3745-560-402 - Construction and commencement of operations at class IV composting facilities(A) Facility design and construction. The composting facility shall be designed and constructed to meet the following: (1) The land surface of the materials placement area shall have a slope greater than or equal to one per cent and less than or equal to six per cent so as to direct surface water to collection points or otherwise control the surface water drainage. (2) Prevent run-on from reaching the materials placement area.(3) Prevent ponding and erosion.(4) Minimize the potential impact to surface water and ground water.(5) Collect and contain leachate within the boundary of the composting facility and prevent leachate from discharging to waters of the state, unless the discharge is authorized pursuant to Chapter 6111. of the Revised Code.(6) Construction of the materials placement area to allow facility operation during inclement weather. (7) Construction of roads within the facility boundary to allow for passage of vehicles at all times.(8) Signs are posted with letters not less than three inches in height at the entrance of the composting facility that include the following statement: "This composting facility only accepts yard waste and agricultural plant materials and will not accept hazardous wastes, infectious wastes, asbestos, batteries, or other prohibited materials."
(B) Site preparation. The following requirements shall be completed prior to initial acceptance of feedstocks, bulking agents, or additives at the composting facility: (1) The composting facility and materials placement area has been constructed in accordance with paragraph (A) of this rule. (2) Leachate and surface water management structures, if applicable, have been constructed in accordance with Chapter 6111. of the Revised Code.(3) Signs are posted in accordance with paragraph (A) of this rule.(C) Initial acceptance of feedstocks. The owner or operator may begin to accept feedstocks, bulking agents, or additives if the owner or operator has submitted a registration application that complies with paragraphs (A) and (B) of rule 3745-560-401 of the Administrative Code, the owner or operator has complied with paragraphs (A) and (B) of this rule, and one of the following occurs: (1) The prepared composting facility has been inspected and written concurrence has been received from Ohio EPA acknowledging compliance with this rule.(2) Ninety days have passed since Ohio EPA received the registration application.(D) Notwithstanding the provisions of paragraph (C) of this rule, the owner or operator shall not begin to accept feedstocks, bulking agents, or additives if not later than ninety days after Ohio EPA received the registration application, the director has provided a written notification of deficiency to the owner or operator that the registration application does not comply with paragraphs (A) and (B) of rule 3745-560-401 of the Administrative Code or that the owner or operator has not complied with paragraphs (A) and (B) of this rule. If the owner or operator fails to address the deficiencies, the director may deny the registration application or approve the registration application with a variance or exemption. Replaces: 3745-560-402
Ohio Admin. Code 3745-560-402
Effective: 10/1/2018
Five Year Review (FYR) Dates: 11/14/2022
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.028, 3734.12
Rule Amplifies: 3734.02, 3734.028, 3734.12
Prior Effective Dates: 04/02/2012