Ohio Administrative Code|Rule 3745-599-400 | Harbor sediment authorization.

                                                
[Comment: For dates of non-regulatory government
		publications, publications of recognized organizations and associations, test
		methods, federal rules, and federal statutory provisions referenced in this
		rule, see rule 3745-599-03 of the Administrative Code titled "Beneficial
		use and harbor sediment authorization - incorporation by
		reference."]
(A) Upon consideration of the criteria
		  set forth in rule 3745-599-410 of the Administrative Code, the director may
		  issue or renew a harbor sediment authorization for lake Erie dredge that is not
		  a hazardous waste and that is unlikely to create a nuisance or adversely affect
		  public health, safety, or the environment. Lake Erie dredge that is covered by
		  and managed in accordance with an effective harbor sediment authorization is
		  neither a solid waste nor an other waste for the purposes of Chapters 3734. and
		  6111. of the Revised Code, except to the extent that earthen materials are
		  regulated pursuant to those chapters. A harbor sediment authorization may
		  include but is not limited to the following:
(1) Requirements pertaining to the
			 management and storage of lake Erie dredge during handling of the lake Erie
			 dredge, including setbacks and isolation distances. At a minimum, the director
			 may consider the following in determining appropriate
			 requirements:
(a) Ohio environmental protection agency's
				"Rainwater and Land Development Manual."
(b) United States environmental protection agency's
				internet-based resources relating to BMPs for erosion and sedimentation,
				including the sector specific "Industrial Storm Water Fact Sheet
				Series."
(c) United States environmental protection agency's
				"National Menu of Best Management Practices (BMPs) for
				Stormwater."
(d) United States environmental protection agency's
				"National Management Measures to Control Nonpoint Source Pollution from
				Urban Areas, EPA-841-B-05-004."
(e) Ohio hydrologic soil groups.
(f) Precipitation forecasts.
(g) Soil temperatures.
(h) Other BMPs listed in Chapter 3745-40 of the
				Administrative Code.
(2) Testing and sampling
			 requirements.
(3) Record keeping and reporting
			 requirements.
(4) The identification of the lake Erie
			 dredge covered under the harbor sediment authorization, including the
			 geographic location and timeframe during which the lake Erie dredge is
			 excavated.
(5) Expiration procedures.
(6) Renewal
			 procedures.
(B) Administrative change. The director
		  may make an administrative change to a harbor sediment authorization to correct
		  typographical errors.
(C) Modification. The director may modify
		  a harbor sediment authorization in response to changes in applicable laws,
		  rules, or other factors affecting compliance with the terms and conditions of
		  the harbor sediment authorization.
(D) Suspension or
		  revocation.
(1) Suspension. The
			 director may suspend a harbor sediment authorization if the director determines
			 that an emergency exists requiring immediate action to protect the public
			 health or safety or the environment. The director may issue an emergency order,
			 without notice or hearing, reciting the existence of the emergency and
			 requiring that such action be taken as necessary to meet the emergency. The
			 emergency order shall take effect immediately. Any person to whom the emergency
			 order is directed shall comply immediately, but on application to the director
			 shall be afforded a hearing as soon as possible and not later than thirty days
			 after application. On the basis of the hearing, the director shall continue the
			 emergency order in effect, revoke, or modify the emergency order. No emergency
			 order shall remain in effect for more than one hundred twenty days after
			 issuance.
(2) Revocation. The director may revoke a
			 harbor sediment authorization during the authorization's term if any of
			 the following occur:
(a) A change in applicable laws, rules, or other factors
				affecting compliance with the terms and conditions of the harbor sediment
				authorization.
(b) The director finds that the relevant data and available
				information no longer supports issuance of a harbor sediment authorization for
				the lake Erie dredge.
(c) The director determines that a nuisance or an adverse
				impact to public health, safety, or the environment has occurred or is likely
				to occur from the lake Erie dredge covered by the harbor sediment
				authorization.
(d) A constituent of concern is identified that has not
				been evaluated when issuing or renewing the harbor sediment
				authorization.
(e) If at any time the lake Erie dredge to which the harbor
				sediment authorization applies no longer meets the criteria set forth in rule
				3745-599-410 of the Administrative Code. If revocation occurs pursuant to this
				paragraph, evaluation of the lake Erie dredge is required prior to issuance of
				a new harbor sediment authorization.
(3) If the director proposes to revoke a
			 harbor sediment authorization, the director shall public notice the proposed
			 revocation in accordance with Chapter 3745-49 of the Administrative
			 Code.
(4) Except as provided in
			 paragraph (E) of this rule, if the director suspends or revokes a harbor
			 sediment authorization, any lake Erie dredge identified in the harbor sediment
			 authorization shall be considered a solid waste or an other waste as provided
			 in Chapters 3734. and 6111. of the Revised Code and the rules adopted
			 thereunder.
(E) Lake Erie dredge that has been land applied or removed
		  from a sediment processing facility for distribution or use while covered under
		  an effective harbor sediment authorization may be regulated pursuant to Chapter
		  3734. or 6111. of the Revised Code only to the extent that earthen materials
		  are regulated pursuant to those chapters.