Ohio Admin. Code 3745-580-101

Current through all regulations passed and filed through November 4, 2024
Section 3745-580-101 - Application for a scrap tire transporter registration certificate
(A) Application. An application for a scrap tire transporter registration certificate shall be made on forms prescribed by the director and contain sufficient detail to allow clear understanding for technical review of the application and to provide assurance that the scrap tire transportation business can be operated in accordance with this chapter. The application shall contain at a minimum the following:
(1) The name, address, email address, and telephone number for the following:
(a) The scrap tire transportation business including the primary business location and a listing of all other locations where vehicles, trailers, or other portable containers are routinely located for scrap tire transport, load consolidation, or other storage. Portable containers that are prepositioned in accordance with paragraph (B) of rule 3745-580-110 of the Administrative Code do not need to be listed in the registration application.
(b) The owner or operator of the scrap tire transportation business.
(c) The emergency contact person who is authorized to commit resources necessary for emergency response equipment, material, and services.
(d) The owner of the properties on which the applicant's vehicles, trailers, or other portable containers identified in paragraph (A)(1)(a) of this rule are routinely located. This does not include trailers prepositioned in accordance with paragraph (B) of rule 3745-580-110 of the Administrative Code.
(e) The applicant.
(f) If the applicant is a political subdivision or government entity, the title and employer of the official responsible for the scrap tire transporter.
(2) The number of scrap tire transporter registration certificates requested for the registration year equal to the number of motor vehicles to be used to transport scrap tires plus the number of locations identified in paragraph (A)(1)(a) of this rule.
(3) A letter of consent from the property owner giving permission to the applicant to use the property for the scrap tire transportation business, including the parcel number for each parcel identified in the registration application.
(4) For an initial registration application, an executed financial assurance instrument prepared in accordance with rule 3745-580-23 of the Administrative Code and worded in accordance with rule 3745-580-24 of the Administrative Code.
(5) If applicable, certification that on the date the registration application is received by Ohio EPA, the scrap tire transporter sorting areas are in compliance with the siting criteria identified in paragraphs (B)(4) and (B)(5) of rule 3745-580-103 of the Administrative Code.
(6) A non-refundable application fee as specified in section 3734.83 of the Revised Code, except as follows:
(a) If the scrap tire transporter is also a motor vehicle salvage dealer licensed in accordance with Chapter 4738. of the Revised Code, the scrap tire transporter is excluded from the annual registration application fee if both of the following apply:
(i) All scrap tires transported are obtained as a direct consequence of receiving motor vehicles for salvage.
(ii) Scrap tires are transported only on motor vehicles owned or leased by the motor vehicle salvage dealer, which prominently display the name of the motor vehicle salvage dealer's business.
(b) If the scrap tire transporter is also a retail tire dealer or retreader, the application fee is fifty dollars provided scrap tires are transported only as a direct consequence of the transporter's retail tire or retreading business.
(7) A certification statement and signature in accordance with rule 3745-500-50 of the Administrative Code.
(B) Additional information for scrap tire transporters that are engaging in sorting, grading, load consolidation, or temporary storage. If the scrap tire transporter is proposing to remove scrap tires from the scrap tire transportation vehicles on property owned or leased by the applicant for the purpose of grading, sorting, reducing the size of the scrap tires for load consolidation purposes, or if the scrap tires will remain in covered trailers or vehicles on the property for a period of between seven and thirty days, the applicant shall provide the following information:
(1) A description of how the scrap tires will be handled and stored.
(2) Measures that will be taken to prevent scavenging and theft.
(3) A narrative description of the type and location of permanent and portable equipment used for load consolidation.
(C) A scrap tire transporter who also owns or operates a business that meets the exclusions contained in paragraphs (A)(1) to (A)(3) of rule 3745-580-205 or 3745-580-305 of the Administrative Code or paragraph (A)(2) of rule 3745-580-405 of the Administrative Code on the same or adjacent property as the transporting business shall include the following in a plan view drawing that has a scale of one inch equals no greater than one hundred feet to delineate the activities associated with the scrap tire transportation business and the scrap tire handling and storage activities at the excluded business in the registration application:
(1) For the scrap tire transporter business, all scrap tire storage areas and areas used for loading, unloading, load consolidation, sorting, and grading of scrap tires.
(2) For the business specified in paragraph (A)(1) or (A)(3) of rule 3745-580-205 or 3745-580-305 of the Administrative Code, all scrap tire storage areas.
(3) For the businesses specified in paragraph (A)(2) of rule 3745-580-205, 3745-580-305, or 3745-580-405 of the Administrative Code, delineation of the following scrap tire storage areas:
(a) Scrap tires that have been inspected and individually labeled or marked as suitable for retreading.
(b) Scrap tires that have been retreaded or regrooved.
(c) Scrap tires that cannot be retreaded or regrooved.
(D) If the director determines that additional information is necessary to determine whether the criteria set forth in rule 3745-580-103 of the Administrative Code are satisfied, the applicant shall supply such information as a precondition to further consideration of the application.

[Comment: Rule 3745-580-103 of the Administrative Code states that an incomplete application may be a basis for denial of a registration application.]

Replaces: 3745-27-54

Ohio Admin. Code 3745-580-101

Effective: 6/30/2023
Five Year Review (FYR) Dates: 06/30/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.74
Rule Amplifies: 3734.02, 3734.12, 3734.74, 3734.83
Prior Effective Dates: 03/01/1996, 03/29/2002, 11/01/2007, 02/20/2015