Section 3745-599-05 - Beneficial use and harbor sediment authorization - general exclusionsGeneral exclusions. This chapter is not applicable to the following , including instances when a beneficial use byproduct or lake Erie dredge is commingled with a material listed in this rule:
(A) Agricultural additives regulated pursuant to Chapter 905. of the Revised Code and rules adopted thereunder.(B) Compost regulated pursuant to Chapter 3734. of the Revised Code and rules adopted thereunder.(C) Hazardous waste regulated pursuant to Chapter 3734. of the Revised Code and rules adopted thereunder.(D) Liquid wastes regulated pursuant to Chapter 6111. of the Revised Code and rules adopted thereunder other than liquid wastes resulting from the treatment of source water for drinking or industrial purposes from a public water system.(E) Sewage, sewage sludge, sludge, sludge materials, and biosolids for which an authorization has been issued under Chapter 6111. of the Revised Code and rules adopted thereunder.(F) Waste from oil and gas exploration and production operations including brine, regulated pursuant to Chapter 1509. of the Revised Code and rules adopted thereunder.(G) Material used for activities specified in division (C) of section 6111.32 of the Revised Code and that have received a 401 water quality certification pursuant to Chapter 3745-32 of the Administrative Code.(H) Materials injected into a well pursuant to Chapter 6111. of the Revised Code and rules adopted thereunder.(I) Used oil regulated pursuant to Chapter 3745-279 of the Administrative Code.(J) Asbestos-containing waste material regulated pursuant to Chapter 3704. of the Revised Code and rules adopted thereunder.(K) The use of materials at coal mining and reclamation operations and abandoned mine lands regulated pursuant to division (A)(7)(a) of section 1513.02 of the Revised Code.(L) Construction and demolition debris, including clean hard fill, regulated pursuant to Chapter 3714. of the Revised Code and rules adopted thereunder.(N) Household hazardous waste.(O) Dredge material, other than lake Erie dredge, that is comprised solely of uncontaminated soil.(P) Wastes from industrial minerals mining and reclamation operations regulated pursuant to Chapter 1514. of the Revised Code and rules adopted thereunder.(Q) Infectious waste regulated pursuant to Chapter 3734. of the Revised Code and rules adopted thereunder.(R) Lime mining wastes regulated pursuant to section 1514.081 of the Revised Code and rules adopted thereunder.(S) Manure regulated pursuant to Chapter 903. of the Revised Code and rules adopted thereunder.(T) Polychlorinated biphenyls (PCBs) regulated pursuant to Chapter 3734. of the Revised Code and rules adopted thereunder.(U) Radioactive waste regulated pursuant to Chapter 3748. of the Revised Code and rules adopted thereunder.(V) Low-level radioactive waste as specified in section 3734.027 of the Revised Code.(W) Technologically enhanced naturally occurring radioactive material regulated pursuant to division (P) or (Q) of section 3734.02 of the Revised Code.(X) Scrap tires regulated pursuant to Chapter 3734. of the Revised Code and rules adopted thereunder.(Y) Solid waste and other waste accepted at a solid waste transfer facility.(Z) Solid waste and other waste disposed or used in activities that occur within the facility boundary of a construction and demolition debris facility, construction and demolition debris processing facility, or a solid waste disposal facility regulated pursuant to Chapter 3714. or 3734. of the Revised Code and rules adopted under those chapters.(AA) Yard waste or commingled yard waste regulated pursuant to Chapter 3734. of the Revised Code and rules adopted thereunder.Ohio Admin. Code 3745-599-05
Effective: 2/11/2024
Five Year Review (FYR) Dates: 11/27/2023 and 11/27/2028
Promulgated Under: 119.03
Statutory Authority: 3734.02, 6111.03, 6111.035, 6111.32, 6111.34
Rule Amplifies: 3734.02, 3734.027, 3734.12, 6111.03, 6111.035, 6111.32, 6111.33, 6111.34
Prior Effective Dates: 03/31/2017, 02/25/2019