Ohio Administrative Code|Rule 3745-27-03 | Exemptions and variances.

                                                
(A) Chapters 3745-27, 3745-29, 3745-30
		  and 3745-37 of the Administrative Code shall not apply to the following
		  activities or facilities:
(1) Solid wastes
			 generated within a single-family residence and disposed of on the premises
			 where generated in a manner that does not create a nuisance or health
			 hazard.
(2) The temporary storage
			 of solid wastes, other than scrap tires, prior to collection for disposal or
			 transfer. The temporary storage of putrescible solid wastes in excess of seven
			 days, or temporary storage of any solid wastes where such storage causes a
			 nuisance or health hazard in the judgment of the health commissioner or the
			 director or their authorized representative shall be considered open
			 dumping.
In addition, Chapters 3745-27 and 3745-37 of
			 the Administrative Code shall not apply to the storage of one hundred or fewer
			 scrap tires unless they are stored in such a manner that, in the judgment of
			 the director or the board of health of the health district in which the scrap
			 tires are stored, the storage causes a nuisance, a hazard to public health or
			 safety, or a fire hazard.
(3) Vehicles used for
			 hauling solid wastes other than scrap tires.
(4) The beneficial use of
			 coal combustion byproducts at coal mining and reclamation operations and
			 abandoned mine lands that are regulated and authorized by the Ohio department
			 of natural resources pursuant to section 1513.02 of the Revised
			 Code.
(5) Incinerators or
			 energy recovery facilities that incinerate wastes generated on one or more
			 premises owned by the person who owns the incinerator or energy recovery
			 facility. This does not include a facility that treats infectious waste
			 pursuant to Chapter 3734. of the Revised Code.
(6) A junk yard or scrap
			 metal processing facility licensed pursuant to Chapter 4737. of the Revised
			 Code, or a motor vehicle salvage business licensed pursuant to Chapter 4738. of
			 the Revised Code. This exemption does not apply to the management, use,
			 collection, storage, recovery, disposal, or beneficial use of scrap tires at a
			 junk yard, scrap metal processing facility, or motor vehicle salvage business,
			 and shall not be construed to include sites where open dumping or open burning
			 has occurred.
(7) Pond and lagoon
			 operations regulated under Chapter 6111. of the Revised Code.
(8) Sewage sludge
			 disposal, use, transportation or storage as approved under Chapter 6111. of the
			 Revised Code.
(9) Land application of
			 the following solid wastes authorized under Chapter 6111. of the Revised
			 Code:
(a) Agricultural waste for incorporation into soil as a
				soil amendment or for agricultural or horticultural applications, provided that
				all of the following conditions are met:
(i) The agricultural
				  waste is limited to source-separated non-processed plant materials including
				  stems, leaves, vines, roots, and raw vegetables, fruits, and
				  grains.
(ii) The agricultural
				  waste is land-applied exclusively on fields owned by the owner of the
				  agricultural production operation that generated the agricultural
				  waste.
(iii) The land
				  application of the agricultural waste does not create a nuisance or health
				  hazard in the judgment of the health commissioner or the director.
(b) Pulp or paper sludge from wastewater treatment
				works.
(c) Sawdust.
(d) Compost product blended with a solid
				waste.
(e) Lime-based or gypsum-based waste including but not
				limited to flue gas desulfurization sludge, lime kiln, or cement kiln
				dust.
(10) A combustion unit
			 permitted and operating under an air permit that uses solid wastes as fuels or
			 ingredients in accordance with 40 C.F.R. Part 241 and rule 3745-599-10 of the
			 Administrative Code.
(11) Infectious wastes
			 generated on the premises of a single-family residence not utilized for
			 commercial purposes.
(12) Infectious wastes
			 generated by individuals for the purposes of their own care or treatment that
			 are disposed of with solid wastes from the individual's
			 residence.
(13) Tree stumps not
			 otherwise exempted by this rule or Chapter 3734. of the Revised Code that are
			 disposed in a licensed construction and demolition debris disposal
			 facility.
(14) Controlled
			 substances handled in accordance with Chapters 4729. and 3719. of the Revised
			 Code or materials that have been ordered destroyed by a court of law that are
			 destroyed at facilities licensed for the treatment of infectious
			 waste.
(15) Land application of
			 yard waste for incorporation into soil as a soil amendment, for agricultural or
			 horticultural applications, or for land reclamation, provided that such land
			 application does not create a nuisance or health hazard in the judgment of the
			 health commissioner or the director.
(16) The disposal of
			 animals destroyed because of a dangerously infectious or contagious disease in
			 accordance with section 941.14 of the Revised Code.
(B) Exemptions. Pursuant to division (G)
		  of section 3734.02 of the Revised Code, the director may, by order, exempt any
		  person generating, collecting, storing, treating, disposing of, or transporting
		  solid wastes or infectious wastes, or processing solid wastes that consist of
		  scrap tires from any requirement of Chapter 3734. of the Revised Code or any
		  rules adopted thereunder if granting the exemption is unlikely to adversely
		  affect the public health or safety or the environment.
(C) Variances.
(1) Any person may apply
			 for a variance from any provision of this chapter except for those adopted
			 under division (M) of section 3734.02 or section 3734.021 of the Revised
			 Code.
(2) Applications for a
			 variance shall identify each provision for which the variance is requested and
			 shall contain information regarding the reason and justification for the
			 variance and any other information deemed appropriate by the director as
			 specified in paragraph (C)(5) of this rule.
(3) In accordance with
			 division (S)(1) of section 3745.11 of the Revised Code, a non-refundable fee of
			 fifteen dollars shall be paid at the time the application for a variance is
			 submitted. If the application for a variance is part of an application for a
			 permit to install, the variance application fee shall be paid in addition to
			 the permit to install application fee.
(4) The director shall
			 approve or deny an application for a variance or renewal of a variance not
			 later than six months after the date upon which the director receives a
			 complete application with all pertinent information and data required, unless
			 the application for a variance is part of an application for a permit to
			 install. If an application for a variance is part of an application for a
			 permit to install, the director shall approve or deny an application for a
			 variance or renewal of a variance concurrent with a final or proposed action on
			 the permit to install application.
(5) The director shall
			 issue a variance only if the applicant demonstrates to the director's
			 satisfaction that construction, operation, closure activities, or post-closure
			 activities of the solid waste facility in the manner approved by the variance
			 and any terms or conditions imposed as part of the variance will not create a
			 nuisance or a hazard to public health or safety or the environment and is
			 unlikely to result in a violation of any other requirement of Chapter 3704.,
			 3714., 3734. or 6111. of the Revised Code and any rules adopted
			 thereunder.
(6) In issuing a
			 variance, the director shall comply with the applicable requirements of
			 division (A) of section 3734.02 of the Revised Code.