Ohio Admin. Code 3745-580-05

Current through all regulations passed and filed through October 28, 2024

Section 3745-580-05 - Additional requirements for any person generating, storing, or in possession of more than one hundred scrap tires who is not required to be registered or permitted as scrap tire facility

Any person storing, possessing, or processing more than one hundred scrap tires that is excluded from the registration or permitting requirements specified in rule 3745-580-04 of the Administrative Code shall not store the scrap tires in a manner that causes a nuisance or hazard to public health or safety. The storage of scrap tires in any amount outside or inside a trailer, vehicle, or building shall be deemed a nuisance or a hazard to public health or safety unless the person stores the scrap tires in accordance with the following:

(A) Using one of the following measures to control the breeding of mosquitoes:

(1) Ensuring at all times that scrap tires are free of water to prevent mosquitoes and mosquito larvae habitat.

(2) Application of a pesticide registered with the United States environmental protection agency and Ohio department of agriculture to all scrap tires stored outdoors in accordance with the product label specifications. Pesticide application records shall be maintained for a period of three years, made available to the director or board of health during normal operating hours, and contain at a minimum the following:

(a) The name of the pesticide and the United States environmental protection agency registration number.

(b) The date and time of application.

(c) The name of the person who applied the pesticide.

(d) The amount of pesticide used per tire or another measurable quantity listed on the label.

(B) In a manner that prevents unauthorized removal from the premises and in accordance with at a minimum one of the following:

(1) In enclosed and locked structures including buildings and containers.

(2) Using fences or other physical barriers.

(3) Using locked cables or chains.

(4) Using security cameras to monitor outside scrap tire storage areas.

(5) Any other method approved in writing by Ohio EPA.

Replaces: 3745-27-60

Ohio Admin. Code 3745-580-05

Effective: 6/30/2023
Five Year Review (FYR) Dates: 06/30/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.03, 3734.71, 3734.70, 3734.73, 3734.74, 3734.83
Rule Amplifies: 3734.02, 3734.12, 3734.70, 3734.71, 3734.73, 3734.74
Prior Effective Dates: 03/29/1996, 03/29/2002, 11/01/2007