3745-50-41. Application for a permit

(A) Permit application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an application to the director as described in Chapter 3745-50 of the Administrative Code. Persons currently authorized with a permit by rule under paragraph (C) of rule 3745-50-40 of the Administrative Code shall submit to the director a "Part B" application for a hazardous waste facility installation and operation permit for the facility within one hundred eighty days after the director requests the application or upon a later date if the owner or operator of the facility demonstrates to the director good cause for the late submittal. Persons covered by paragraph (A) of rule 3745-50-46 of the Administrative Code need not apply. Procedures for applications, issuance, and administration of emergency permits are in rule 3745-50-57 of the Administrative Code.

(B) Who applies? When a facility or activity is owned by one person but is operated by another person, the operator and owner shall sign the permit application.

(C) Completeness.

(1) The director shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit (form 8700-23, the "Part A" permit application) is complete when the director receives an application form and any supplemental information which are completed to the director's satisfaction. An application for a permit is complete notwithstanding the failure of the owner or operator to submit the exposure information described in paragraph (E) of rule 3745-50-40 of the Administrative Code. The director may deny a permit for the active life of a hazardous wate management facility or unit before receiving a complete application for the permit.

(2) The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility.

(D) Informati on requirements. All applicants for permits shall provide the following information to the director:

(1) The activities conducted by the applicant which require the obtaining of a permit.

(2) Name, mailing address, and location of the facility for which the application is submitted.

(3) Up to four standard industrial codes which best reflect the principal products or services provided by the facility.

(4) The operator's name, address, telephone number, ownership status, and status as federal, state, private, public, or other entity.

(5) A listing of all permits or approvals, state or federal, received or applied for, under any of the following programs:

(a) Hazardous waste management program under state or federal law.

(b) Underground injection control (UIC) program under the Solid Waste Disposal Act.

(c) National pollutant discharge elimination system (NPDES) program under the Clean Water Act (CWA).

(d) Prevention of significant deterioration (PSD) program under the Clean Air Act (CAA).

(e) Nonattainment program under the CAA.

(f) National emission standards for hazardous air pollutants (NESHAP) preconstruction approval under the CAA.

(g) Ocean dumping permits under the Marine Protection, Research, and Sanctuaries Act.

(h) Dredge or fill permits under Section 404 of the CWA.

(i) Other relevant environmental permits, including state permits.

(6) A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the facility or activity, depicting the following:

(a) The facility and each of its intake and discharge structures.

(b) Each of its hazardous waste treatment, storage, or disposal facilities.

(c) Each well where fluids from the facility are injected underground.

(d) Those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within one-quarter mile of the facility property boundary.

(7) A brief description of the nature of the business.

(8) The information requested in "Part A" and "Part B" of the permit application, and if applicable, in rule 3745-50-38 of the Administrative Code.

(E) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted in accordance thereto, for a period of three years after the date the application is signed.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see rule 3745-50-11 of the Administrative Code titled "Incorporated by reference."]

Effective: 3/24/2017
Five Year Review (FYR) Dates: 11/29/2016 and 11/29/2021
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
Prior Effective Dates: 04/15/1981, 08/26/1981 (Emer.), 12/02/1981, 11/29/1983, 03/04/1985, 12/30/1989, 02/14/1995, 07/14/1997, 11/11/1999, 12/07/2004, 09/05/2010