Solid and Infectious Waste Program
The Solid and Infectious Waste Program is administered by the Ohio EPA, Division of Solid and Infectious Waste Management (DSIWM), and is governed by Ohio EPA solid and infectious waste rules developed under the authority of H.B. 592 (1988). A health district on the Ohio EPA Director�s approved list is responsible for ensuring that substantial compliance with applicable portions of Chapter 3734 of the Ohio Revised Code (ORC) is maintained within the health district. The Clermont County General Health District is on the approved list, and so oversees the Solid and Infectious Waste Program within Clermont County for the Ohio EPA.
The Health District is required to inspect all solid and infectious waste facilities within its jurisdiction to ensure compliance with the solid and infectious waste rules. Under the statutory authority of Paragraph (C) Section 3734.07 of the Revised Code, representatives of the Health District may enter at reasonable times any private or public property, real or personal, to inspect or investigate, obtain samples, and examine or copy records to determine compliance with ORC Chapter 3734. The Health District is required to take any action whenever necessary to ensure substantial compliance with the solid and infectious waste regulations [Ohio Administrative Code (OAC), Chapters 3745-27 through 3745-400].
All solid and infectious waste facilities must register with the Ohio EPA, except for small generators of infectious waste. With certain exceptions, no person may establish or modify a solid waste facility, or infectious waste treatment facility without obtaining a permit to install (PTI) from the Ohio EPA. With certain exceptions, no person may operate a solid waste facility, or infectious waste treatment facility without a license from the Health District.
The solid and infectious waste regulations contain design, operational, and siting requirements specific to each type of solid or infectious waste facility. Each person proposing to establish or modify a solid waste facility, or infectious waste treatment facility must submit an application for a permit with accompanying detailed plans and specifications.
Facility owners and operators are responsible for compliance with all current rules and regulations regarding solid and infectious waste. Compliance with the solid and infectious waste provisions contained in ORC 3745, and the rules promulgated thereunder does not relieve any facility of it�s obligation to comply with other applicable County, State, or Federal laws and regulations. Solid waste is also regulated under Public Health Nuisance Regulation 2-93, Section 6.
Persons or businesses not required to be registered or licensed as solid or infectious waste facilities must also comply with all applicable laws and regulations. Solid and infectious waste must be disposed of in an approved manner. The open dumping and open burning of solid or infectious waste is prohibited.
"Open dumping" means depositing solid or infectious waste into a body or stream of water, or onto the surface of the ground at a site that is not licensed as a solid waste facility. "Open burning" means the burning of solid or infectious waste in an open area, or burning such wastes in a type of chamber or vessel that is not approved or authorized. The open dumping or open burning of solid waste on a property other than a licensed solid waste facility is a violation of ORC Section 3745.03.
This website is not intended to provide complete information regarding the solid and infectious waste rules. Complete rules, publications, guidance documents, forms, and facility lists can be found at the Ohio EPA DSIWM. See Public Health Nuisance Regulation to review the applicable county regulations. If additional information about the Solid and Infectious Waste Program is needed, contact us.
Types of Waste
Construction and Demolition Debris
Construction and Demolition Debris (CDD) is defined in OAC Chapter 3745-400-01 as follows: "Construction and demolition debris" or "debris" means those materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade structure, including, without limitation, houses, buildings, industrial or commercial facilities, or roadways. "Construction and demolition debris" does not include materials identified or listed as solid wastes, infectious wastes, or hazardous wastes pursuant to Chapter 3734 of the Revised Code and rules adopted under it; or materials from mining operations, nontoxic fly ash, spent nontoxic foundry sand, and slag; or reinforced or nonreinforced concrete, asphalt, building or paving brick, or building or paving stone that is stored for a period of less than two years for recycling into a usable construction material.
For the purpose of this definition, "materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade physical structure", are those structural and functional materials comprising the structure and surrounding site improvements, such as brick, concrete and other masonry materials, stone, glass, wall coverings, plaster, drywall, framing and finished lumber, roofing materials, plumbing fixtures, heating equipment, electrical wiring and components containing no hazardous fluids or refrigerants, insulation, affixed carpeting, asphaltic substances, metals incidental to any of the above, and weathered railroad ties and utility poles.
"Materials resulting from the alteration, construction, destruction, rehabilitation, or repair" do not include materials whose removal has been required prior to demolition, and materials which are otherwise contained within or exist outside the structure such as solid wastes, yard wastes, furniture, and appliances. Also excluded in all cases are liquids including containerized or bulk liquids, fuel tanks, drums and other closed or filled containers, tires, and batteries.
Infectious Waste
Infectious waste is defined in OAC Chapter 3745-27-01, and includes the following substances or categories of substances:
(1) Cultures and stocks of infectious agents and associated biologicals. This includes specimen cultures, cultures and stocks of infectious agents, wastes from the production of biologicals, and discarded live and attenuated vaccines.
(2) Laboratory wastes that were, or were likely to have been in contact with infectious agents that may present a substantial threat to public health if improperly managed.
(3) Pathological wastes, including human and animal tissues, organs, and body parts, and body fluids and excreta that are contaminated with or are likely to be contaminated with infectious agents, removed or obtained during surgery or autopsy or for diagnostic evaluation, provided that, with regard to pathological waste from animals, the animals have or are likely to have been exposed to a zoonotic or infectious agent.
(4) Waste materials from rooms of humans, or the enclosures of animals, that have been isolated because of diagnosed communicable disease that are likely to transmit infectious agents.
(5) Human and animal blood specimens, and blood products that are being disposed of, provided that, with regard to blood specimens and blood products from animals, the animals were or are likely to have been exposed to a zoonotic or infectious agent. "Blood products" does not include patient care waste such as bandages or disposable gowns that are lightly soiled with blood or other body fluids, unless the generator determines that they are soiled to the extent that they should be managed as infectious waste.
(6) Contaminated carcasses, body parts, and bedding of animals that were intentionally exposed to infectious agents from zoonotic or human diseases during research, production of biologicals, or testing of pharmaceuticals, and carcasses and bedding of animals otherwise infected by zoonotic or infectious agents that may present a substantial threat to public health if improperly managed.
(7) Sharp wastes used in the treatment or inoculation of human beings or animals. Also sharp wastes that have or are likely to have, come in contact with infectious agents in medical, research, or industrial laboratories. Sharp wastes include, but are not limited to hypodermic needles, syringes, scalpel blades, and glass articles that have been broken. Such items are referred to as "sharps".
(8) Any other waste materials generated in the diagnosis, treatment, or immunization of human beings or animals, research pertaining to the immunization of human beings or animals, or in the production or testing of biologicals, that the Public Health Council identifies as infectious waste after determining that the wastes present a substantial threat to human health when improperly managed because they are, or may be, contaminated with infectious agents.
(9) Any other waste materials the generator designates as infectious waste.
Residual Waste
Residual waste is defined in OAC Chapter 3745-30-01 as follows: "Residual solid waste" or "residual waste" is a type of solid waste and means:
(1) The following waste generated by fuel burning operations and which burn as fuel primarily coal: air pollution control wastes, water pollution control wastes, and other wastes with similar characteristics which are approved by the director or his authorized representative.
(2) The following wastes generated from foundry operations: air pollution control dust, wastewater treatment plant sludge, unspent foundry sand, spent foundry sand, and other foundry waste with similar characteristics which are approved.
(3) The following wastes generated from pulp and papermaking operations: wastewater treatment plant sludge, lime mud, lime grit, sawdust, wood chips, bark, hydropulper rejects, and other pulp and papermaking wastes with similar characteristics which are approved.
(4) The following wastes generated from steelmaking operations: air pollution control dust, wastewater treatment plant sludges, dust from steel processing and finishing operations, water softening sludge, flux material, and other steelmaking wastes with similar characteristics which are approved.
(5) The following wastes generated from gypsum processing plant operations: gypsum wallboard waste, paper surface preparation dust, wastewater treatment plant sludge, and other gypsum processing waste with similar characteristics which are approved.
(6) The following wastes generated from lime processing operations: air pollution control dust and /or sludge, and other lime processing wastes with similar characteristics which are approved.
(7) The following wastes generated from portland cement operations: air pollution control dust and other processing wastes with similar characteristics which are approved.
Scrap Tires
Scrap tires are defined in OAC Chapter 3745-27-01 as follows: "Scrap tire" is a type of solid waste and means any unwanted or discarded tire, regardless of size, that has been removed from its original use. "Scrap tire" includes all whole scrap tires and pieces of scrap tires which are readily identifiable as scrap tires by visual inspection, and which still contain wire.
For purposes of this definition, "unwanted" means the original generator, original owner or manufacturer of the tire no longer wants to use, or is unable to use the tire for its original purpose, and "discarded" means the owner or manufacturer of the tire has otherwise managed the tire in such a manner that disposal has occurred.
[Comment: While a tire may not be "unwanted or discarded" such that it is a "scrap tire," the tire may still be a "solid waste" as defined in this rule.]
"Scrap tire" does not include the following:
(a) A tire after it has been retreaded or regrooved for resale or use.
(b) A tire that is mounted and installed on a vehicle or trailer, or carried on the vehicle or trailer as the spare tire.
(c) Tires from non-motorized vehicles such as bicycles; or tires from small equipment such as lawn mowers, wheelbarrows, etc.
(d) Only at a retreading business, a retreadable casing store in an enclosed building or stored in a manner otherwise authorized or exempted.
(e) Tire derived fuel (TDF) or tire derived chips (TDC) after the TDF or TDC has been transported from the scrap tire recovery facility for use as a fuel or for an authorized beneficial use.
(f) Non-pneumatic, hard, pressed tires, such as forklift tires.
Solid Waste
Solid waste is defined in OAC Chapter 3745-27-01 as follows: "Solid waste" means such unwanted residual solid or semisolid material, including but not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt and debris, as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, or other waste materials of the type that normally would be included in demolition debris, nontoxic fly ash and bottom ash, including at least ash that results from the combustion of coal, biomass fuels, and ash that results from the combustion of coal in combination with scrap tires where scrap tires comprise not more than fifty per cent of heat input in any month, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to, garbage, scrap tires, combustible and non-combustible material, street dirt, and debris. Solid waste does not include any material that is an infectious or a hazardous waste.
Yard Waste
Yard waste is defined in OAC Chapter 3745-27-01 as follows: "Yard waste" means solid waste that includes only leaves, grass clippings, brush, garden waste, tree trunks, tree stumps, holiday tress, and prunings from trees or shrubs. Yard waste does not include industrial or agricultural processing wastes.
[Comment: The intent of this definition is to identify a general type of vegetative waste resulting from the care and maintenance of landscaped areas, lawns, and gardens that has been collected for the purpose of disposal or composting. Vegetative waste resulting from the use of commercial products, such as discarded flowers, potted flowers, or grave baskets that do not include plastic, metal, styrofoam, or other non-biodegradable material would be considered a yard waste. Vegetative waste from industrial processing such as food processing waste is not yard waste.]
The following types of wastes are not included in the Solid and Infectious Waste Program:
Asbestos - regulated under NESHAP 40 CFR-61-M.
Garbage/trash - regulated under Public Health Nuisance (PHN) Regulation 2-93.
Hazardous waste - regulated under CFR 241.101(g).
Household hazardous waste - exempt from hazardous waste rules; regulated under PHN Reg. 2-93.
Lead-acid batteries - prohibited from landfill disposal; can be recycled
Liquids - determined by paint filter liquids test; regulated under PHN Reg. 2-93.
Underground Storage Tank (UST) contaminated soils - disposal in landfill if non-hazardous.
Waste oil - can be recycled; regulated under PHN Reg. 2-93.
Types of Solid Waste Facilities
The following types of solid waste facilities are regulated under the Solid and Infectious Waste Program:
Composting Facilities
A composting facility is a designated facility where the composting of solid waste occurs in accordance with Chapters 3745-27, and 3745-37 of the Ohio Administrative Code. No person may establish or operate a composting facility without first submitting to the Ohio EPA the required notification, and becoming a registered facility. No person may substantially change a currently registered composting facility without first submitting the required notification. Class I and Class II composting facilities are required to obtain a license. Class I composting facilities must obtain a PTI.
Composting facilities are classified according to the type of waste, or "feedstock" they may accept. There are four classes of composting facilities (Classes I - IV). Class IV facilities may accept only source-separated yard waste. "Source-separated yard waste" means yard waste that has been separated at the point of generation, or at the point of collection from other solid wastes. Class III facilities may accept source-separated yard waste, agricultural plant materials, and animal manure. Class II facilities may accept source separated yard waste, agricultural plant materials, animal waste, vegetables, fruits, grains, processed food, and meat. Class I facilities may accept non-source- separated material in addition to the materials a Class II facility may accept.
The regulatory requirements for each class of facility differ, but there are general requirements which apply to all facilities. All site preparations must be completed before any facility can accept feedstocks. Any facility that accepts tree stumps must have the capability to process that type of waste. No class of facility may accept prohibited materials. All reasonable measures must be employed to prevent acceptance of prohibited materials, and to remove prohibited material. All incidents concerning the prohibited material must be noted in a daily log.
All facilities must control surface water run-off and run-on, prevent ponding and erosion, and minimize the impact to surface and ground waters. Surface water must be diverted from the materials placement areas, and must be managed in compliance with the requirements of Chapter 6111. of the Revised Code.
Leachate from feedstocks and cured compost must be managed in accordance with Chapter 6111. of the Revised Code. Actions must be taken to minimize the production of leachate, and control, or eliminate ponding of leachate, and the conditions that contribute to the discharge of leachate from the facility. Structures used for the collection or containment of leachate must be maintained.
The owner or operator of a composting facility must record the facility operations on a daily log on forms approved by the Ohio EPA, and retain the logs for a minimum period of three years. All facilities must submit an annual report to the Ohio EPA district office, and the Health District no later than the first day of April of each year. All facilities are required to prepare, maintain, and implement a contingency plan to address discovery of prohibited material, fire, explosion, spills, and equipment failure.
"Composting" is the controlled biological decomposition of organic solid wastes under predominantly aerobic conditions, and at temperatures conducive to thermophilic (heat loving) microorganisms, resulting in a humus like organic material, i.e. compost. The methods of composting utilized at a composting facility must enable biological decomposition under aerobic conditions. In general, this involves grinding the waste, turning the curing compost frequently and adding water to the curing compost to control decomposition.
Compost differs from mulch. The production of mulch requires no biological decomposition, or thermophilic reaction. The composting rules do not apply to persons who use leaves or wood chips as mulch.
Class IV composting facilities are inspected once a year, all other classes of facility are inspected quarterly. There are nine registered composting facilities in Clermont County ; eight Class IV, and one Class III.
Construction and Demolition Debris Facilities
Construction and demolition debris (CDD) facilities are regulated under the OAC Chapters 3745-37 and 3745-400. CDD facilities cannot be established, modified, operated, or maintained without a PTI, and a license. A $3000.00 license fee, and application is due annually. The application is reviewed by the local health department.
A CDD facility cannot accept "regulated" solid wastes, hazardous wastes, infectious wastes, asbestos, waste oil, liquids, or scrap tires. The CDD rules don�t apply to any site where only clean hard fill is used in legitimate fill operations for construction purposes, or to bring the site up to grade. Trees or brush removed in clearing a site may be used as fill material on the same site.
Clean hard fill (concrete, asphalt, brick, block, tile, or stone) may be stored for two years before it would be considered illegal disposal. If clean hard fill will be placed at an off-site location, a "Notice of Intent to Fill" must be provided to the Clermont County General Health District.
There are no licensed CDD facilities in Clermont County.
Infectious Waste Generators
Infectious waste generators are regulated under OAC Chapter 3745-27-30 through 39. Infectious waste generators are not required to obtain either a PTI, or a license. There are two types of infectious waste generators, the "large generator," and the "small generator." A large generator is a facility which generates more than 50 pounds per month of infectious waste in any one month during a given calendar year. A small generator is a facility which generates less than 50 pounds per month of infectious waste in any one month during a given calendar year. The regulatory requirements for a large generator differ from those of a small generator.
Large generators must register with the Ohio EPA. There is a fee of $300.00 payable every three years. If the main facility is located within the county, then the facility is considered a "primary registrant". If the main facility is located outside of the county, then it is an "additional premises."
Large generators must send infectious waste to a licensed infectious waste treatment facility, and cannot dispose of untreated infectious waste in the solid waste stream. Untreated liquid infectious waste containing blood, or body fluids may be poured into a sanitary sewer system. Large generators may treat infectious waste to render it non-infectious by autoclaving, incineration, or chemical treatment only if licensed. Large generators must have their infectious waste transported by a registered transporter.
Infectious waste must be segregated at the point of generation, and must be properly packaged. Sharps must be placed in containers specifically designed for the management and/or disposal of sharps. The container must be labeled with the international biohazard symbol. All other infectious wastes must be placed in plastic bags that are either red in color, or are labeled with the biohazard symbol. Bags must be impervious to moisture, and leak resistant. Bags of infectious waste and sharps containers that are being transported to a treatment facility must be placed inside a second bag, or inside a fully enclosed, sturdy container labeled with the biohazard symbol on two sides.
Stored wastes must be maintained in a nonputrescent state, and protected from animals and insects. The integrity of the packaging must be maintained. Outside storage areas must be locked to prevent unauthorized access. Unlocked storage areas must be marked with the biohazard symbol.
Shipments of waste must be accompanied by treatment shipping papers. Shipping papers must be retained for three years. A four copy form must be used consisting of a white copy, a yellow copy, a pink copy, and a gold copy. The gold copy is kept in the generator�s file. The pink copy is kept in the transporter�s file. The yellow copy is kept by the treatment facility, and the white copy is returned to the generator. The white copy should be matched to the gold copy as soon as it received by the generator. In this way, the generator can keep track of the waste, and make sure that it has been treated.
A spill containment and cleanup procedure for infectious waste must be developed, and implemented. The procedure must be posted, or readily available to all persons likely to handle infectious waste. The name, address, and telephone number of the infectious waste control manager and their back-up, along with the location of all spill clean-up kits must be listed at the top of the procedure.
Clean-up materials/kits must be available in those areas designated in the clean-up procedure. The clean-up kit must include materials designed to absorb liquid spills, an EPA registered hospital disinfectant that is also tuberculocidal, or a bleach solution, red biohazard bags, latex gloves or an equivalent, a first aid kit, boundary tape, and other appropriate safety equipment. Spills of infectious waste must be recorded on a spill log.
Small generators are not required to register, and are not inspected, but they must record the pounds per month of infectious waste generated prior to disposal on a monthly infectious waste generation log. Small generators may place all quantified waste in the regular waste stream, except untreated specimen cultures or cultures of infectious agents, provided the waste hauler will accept infectious waste. Cultures must either be treated on site by an approved method, or they must be taken by a registered transporter to a licensed treatment facility. Untreated liquid infectious waste containing blood or body fluids may be poured into a sanitary sewer.
Small generators must place sharps waste in approved sharps containers labeled with the biohazard symbol. Sharps and all other categories of infectious waste must be separated from the regular waste stream for quantification. The handling, storage, and packaging requirements for infectious waste shipped off-site are the same for small generators as for large generators. Shipping papers must accompany the infectious waste.
If a small generator produces 50 pounds or more of infectious waste in any one month then an application for registration as a generator of infectious waste must be submitted to the Ohio EPA within thirty days after the last day of the month in which 50 pounds or more of infectious waste was produced. If a small generator has more than one premises, and one of the premises generates 50pounds or more of infectious waste in any one month, then the generator is obligated to register all of the premises.
All generators must handle mixed radioactive and infectious waste as radioactive waste. All generators must handle mixed hazardous and infectious waste as hazardous waste.
Home health care providers are not exempt from the infectious waste regulations. Organizations that provide home health care are generators of infectious waste, and are required to handle their waste in compliance with the regulations. A home health care provider will be either a large generator or a small generator, and must comply with whichever regulations are applicable. The vehicle of a home health care provider is not required to be registered as an infectious waste transporter.
Individuals who generate infectious waste as a result of their own care or treatment can dispose of the waste in the regular waste stream, including sharps, provided the waste hauler will accept infectious waste. Sharps should be sealed in a rigid, leak-proof, puncture resistant container with a tight fitting lid prior to disposal. If a sharps container designed for the purpose is not used, then a bleach bottle or liquid detergent bottle is recommended. Any container used to dispose of sharps should be labeled with the word "sharps" on all sides of the container, especially if the container is recyclable. Glass containers, and plastic milk jugs should not be used to dispose of sharps.
Veterinary practices are infectious waste generators, and are responsible for handling, packaging, storing, treating, and disposing of the infectious waste they generate in accordance with the infectious waste regulations. A veterinary practice will either be a large generator, or a small generator, and must comply with whichever regulations are applicable.
"Primary registrants" are inspected yearly. "Additional premises" are inspected every other year. There are thirty-three large generators registered in Clermont County as of 2-18-04, seventeen of which are primary registrants.
Infectious Waste Transporters
Infectious waste transporters are regulated under the OAC Chapter 3745-27. All transporters of infectious waste must register the motor vehicle with the Ohio EPA, and receive a vehicle specific decal. The cargo compartment of all vehicles used to transport infectious waste must be labeled with the international biohazard symbol. The symbol must be placed on each side and the rear of the cargo compartment, and at all access points. The cargo compartment must be fully enclosed.
Transporters must use the shipping paper system, and infectious waste must be the only type of waste in the shipment. Infectious waste must be refrigerated if left in the cargo compartment for more than 36 hours after pick-up from the generator. Infectious waste must be delivered to the treatment facility within fourteen consecutive days.
All transporters must meet the regulatory requirements for spill containment, and the handling procedures of infectious waste. An infectious waste spill report must be filed with the Ohio EPA for spills outside the cargo compartment.
There are no registered infectious waste transporters in Clermont County.
Infectious Waste Treatment Facilities
Infectious waste treatment facilities are regulated under OAC Chapter 3745-27. Infectious waste treatment facilities are required to obtain a PTI, and a license. Large generators of infectious waste who treat only their own infectious waste are exempt from permitting and licensing requirements. However, these facilities are required to comply with all treatment facility standards, as well as with all regulatory standards for large generators of infectious waste.
Infectious waste treatment facilities may treat infectious waste by autoclaving (121 degrees Centigrade at 15 psi for 60 minutes), by incineration (1200/1600 degrees Fahrenheit), by chemical methods for cultures only (submerge for 20 minutes in a 15 % chlorine solution), and by heat encapsulation for sharps only. Facilities must have a contingency plan that allows for the management of infectious waste in the event of an emergency, or if the facility must be shut down.
The owner or operator of a facility using an autoclave for treatment must keep temperature charts, daily operational logs, and documentation of instrumentation calibration for a period of at least three years. The temperature chart is made using a temperature recorder which plots a data point very two minutes. The operator must check daily and record the temperature and pressure readings from one load of infectious waste into the daily operational log. The operator must calibrate the autoclave instrumentation once a year.
Quality assurance testing must be performed on all autoclaves every calendar month in which the autoclave is used for the treatment of infectious waste. Validation testing must be performed prior to the use of an autoclave for the treatment of infectious waste if the operator chooses to operate the autoclave using alternative combinations of time, temperature, and/or pressure.
Infectious waste treatment facilities, licensed or otherwise, are inspected quarterly. There is one registered infectious waste treatment facility in Clermont County which treats infectious waste using autoclaves. There are no licensed infectious waste treatment facilities in the county.
Landfills
Landfills are regulated under the OAC Chapter 3745-30. All landfills are required to obtain a PTI, and a license. Landfills may not accept asbestos, liquids, hazardous waste, PCB waste, radioactive wastes, infectious wastes from large generators, or wastes containing free liquids. Residual waste landfills may accept only residual solid wastes as defined in OAC Chapter 3745-30-01.
The owner or operator of a landfill must conduct all construction, and all operations at a solid waste landfill facility in strict compliance with the applicable authorizing documents, including the PTI. The facility must be operated in such a manner that noise, dust, and odors are controlled so as not to cause a nuisance, or a health hazard. The facility must also be operated in a manner that does not cause water pollution.
The owner or operator of a residual waste landfill must maintain the integrity of the engineered components of the facility, and repair any damage to, or failure of the components. Intermediate cover must be applied to all filled areas of a facility where additional residual waste is not to be deposited for at least one hundred eighty days. Measures such as seeding and mulching must be performed to protect the intermediate cover from erosion. The owner or operator must begin constructing the final cap system within seven days of reaching the approved final waste placement in a phase. Permanent vegetative cover must be established and maintained on the final cover to protect it from erosion.
Surface water at a facility must be diverted from areas where waste is being, or has been deposited. Structures that control run-on and run-off of surface water must be designed, constructed, and maintained. These structures must ensure minimal erosion and infiltration of water through the cover material, and the cap system. If ponding or erosion occurs on areas where waste is being, or has been deposited, the operator must undertake actions as necessary to correct the conditions causing the ponding or erosion.
Leachate from waste placement areas must be properly managed, and contained. Collected leachate at residual waste landfills may be treated and disposed of on-site, or off-site
Access roads within the facility boundary must be constructed and maintained in such a manner as to withstand the anticipated use, and allow the passage of vehicles with a minimum of erosion and dust generation. Access to the facility by non-employees must be limited except during operating hours when operating personnel are present. Live domestic and farm animals must be excluded from the operating areas of the facility..
Inspections at open landfills are conducted quarterly. There is one open residual waste landfill licensed in Clermont County.
Scrap Tire Facilities
Scrap tire facilities are regulated under OAC Chapters 3745-27-15 through 97, and 3745-37-15. Scrap tire facilities are required to register, and obtain a license, depending on the type of facility. The transportation, collection, handling, storage, and disposal of scrap tires is regulated under the Administrative Code. All types of facilities must comply with the general requirements listed below.
Any person storing scrap tires, who is not otherwise required to obtain a registration certificate, or a permit to install and a license must also comply with all applicable regulatory requirements for the proper transportation, storage, handling, and disposal of scrap tires. Scrap tires must be transported, stored, handled, and disposed so that they do not create a public health nuisance, a fire hazard, or other hazard to public safety.
Scrap tire storage piles must be separated from all possible ignition sources (e.g. open flame, welding equipment) by at least fifty feet. Scrap tires stored outside must be at least twenty-five feet away from all buildings. Sufficient fire lanes must be maintained to allow access of emergency vehicles at all times to and around the scrap tire storage piles and area. Fire lanes must be maintained free of all combustible materials.
Scrap tires must be stored and handled so that they do not become a breeding place for mosquitos. There are two acceptable methods of controlling mosquitos on a premises where scrap tires are stored or handled. Liquids may be removed from the scrap tires, and the scrap tires stored so that water does not accumulate in them. The scrap tires must then be kept free of water at all times, either covered or stored in a building.
Alternatively, a pesticide or larvicide which is registered for use for mosquito control by the Ohio Department of Agriculture must be applied to the scrap tires at no greater than thirty day intervals, or as recommended by the manufacturer. If applying a pesticide or larvicide as a mosquito control, then mosquito control records must be maintained at the premises for a minimum of three years after the application, indicating the name of the pesticide, the amount used per tire, the EPA registration number of the pesticide, the date and time of application, and the name of the person who applied the pesticide or larvicide.
Sufficient drainage must be maintained so that water does not pond or collect in areas where scrap tires are stored. Scrap tires must not be stored by submergence, and must not be covered with soil.
Any person who wishes to transport more than ten scrap tires must first obtain a registration certificate from the Ohio Environmental Protection Agency (Ohio EPA), or have them transported by a registered transporter. Shipping papers or waste receipts must be retained for at least three years.
Non-registered transporters must remove all water from scrap tires before transportation, or treat them with a larvicide. Registered transporters must store scrap tires in a covered trailer. If the trailer is open and not covered at all times, or if scrap tires containing water are placed in the trailer, pickup must occur once every seven days to prevent the breeding of mosquitos.
Businesses or persons who propose to collect or store scrap tires must first obtain a registration certificate, unless certain exemptions apply. An application for a registration certificate must be submitted at least ninety days prior to the date on which the applicant of the facility proposes to accept scrap tires. The premises of a business that removes tires from motor vehicles in the ordinary course of business is exempt from registration, provided the business has a single scrap tire storage area occupying not more than twenty-five hundred square feet. Only scrap tires removed from vehicles in the ordinary course of business can be stored at the site.
Other regulatory requirements may apply. Persons who store, handle, or dispose of scrap tires are responsible for being familiar with all regulations regarding the storage, handling, and disposal of scrap tires, and for compliance with all regulations.
There are no registered or licensed scrap tire facilities in Clermont County.
Transfer Stations
Transfer stations are regulated under OAC Chapter 3745-27-21 through 24. New facilities are required to obtain a PTI, and a license.
Transfer stations are defined in OAC Chapter 3745-27-01 (JJJ) as follows: "Solid waste transfer facility" or "transfer facility" means any site, location, tract of land, installation, or building that is used or intended to be used primarily for the purpose of transferring solid wastes that are generated off the premises of the facility from vehicles or containers into other vehicles or containers for transportation to a solid waste disposal facility. This does not include any facility that consists solely of portable containers that have an aggregate volume of fifty (50) cubic yards or less, nor any facility where legitimate recycling activities are conducted.
Transfer stations are prohibited from accepting hazardous waste, infectious waste, asbestos, waste oil, liquids, and scrap tires.
There are no licensed transfer stations in Clermont County.
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