RESOLUTION #5-2008: STARK COUNTY COMBINED
GENERAL HEALTH DISTRICT CONSTRUCTION AND
DEMOLITION DEBRIS TRANSFER FACILITY RULES
AND REGULATIONS
SECTION 1.0 DEFINITIONS
1.1 Board of Health means the Board of Health of the Stark County Ohio Combined General
Health District.
1.2 Health Commissioner means the Health Commissioner of the Stark County, Ohio,
Combined General Health District or his authorized agent.
1.3 Clean Hard Fill means construction and demolition debris which consists only of reinforced
or nonreinforced concrete, asphalt concrete, brick, block, tile, and/or stone which can be
reutilized as construction material. Brick in clean hard fill includes but is not limited to
refractory brick and mortar. Clean hard fill does not include materials contaminated with
hazardous wastes, solid wastes, or infectious wastes.
1.4 Construction and Demolition Debris means those materials resulting from the alteration,
construction, destruction, rehabilitation, or repair of any manmade physical structure,
including, without limitation, houses, buildings, industrial or commercial facilities, or
roadways. Construction and demolition debris does not include materials identified or listed
as solid wastes, or hazardous wastes pursuant to Chapter 3734 of the Ohio Revised Code and
rules adopted under it, or materials from mining operations, nontoxic fly ash, spent nontoxic
foundry sand, and slag; or reinforced or nonreinforced concrete, asphalt, building or paving
brick, or building or paving stone that is stored for a period of less than two years for
recycling into a usable construction material.
For the purpose of this definition, “materials resulting from the alternation, construction,
destruction, rehabilitation, or repair of any manmade physical structure” are those structural
and functional materials comprising the structure and surrounding site improvements, such as
brick, concrete and other masonry materials, stone, glass, wall coverings, plaster, drywall,
framing and finishing lumber, roofing materials, plumbing fixtures, heating equipment,
electrical wiring and components containing no hazardous fluids or refrigerants, insulation,
wall to wall carpeting, asphaltic substances, metals incidental to any of the above, and
weathered railroad ties and utility poles.
“Materials resulting from the alteration, construction, destruction, rehabilitation, or repair” do
not include materials which are otherwise contained within or exist outside the structure such
as solid wastes, yard wastes, furniture, appliances. Also excluded in all cases are liquids
including containerized or bulk liquids, fuel tanks, drums, and other closed or filled
containers, tires, and batteries.
1.5 Construction and demolition debris facility operator or operator means the person
responsible for the on-site supervision of technical operations and maintenance of a
construction and demolition transfer facility, or any parts thereof, which may affect the
performance of the facility and its potential environmental impact and/or any person who has
authority to make discretionary decisions concerning the daily operation of the construction
and demolition debris disposal facility.
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1.6 Hazardous wastes means waste that is listed specifically as hazardous waste and/or exhibits
one of more characteristics of hazardous waste as defined in Chapter 3745-51 of the
Administrative Code.
1.7 Legitimate Recycling means an engineered facility or site where recycling of material other
than scrap tires is the primary objective of the facility.
1.8 Municipal Solid Waste means solid waste generated from community operations (i.e. wastes
derived from households including single and multiple household residences, hotels, motels,
bunkhouses, range stations, crew quarters, campgrounds, picnic grounds, and day-use
recreation areas); solid waste generated from commercial operations (i.e. wastes generated
from stores, offices, restaurants, warehouses, and other non-manufacturing activities); sludge
from municipal, commercial, or industrial waste water treatment plants, or water treatment
plants; and fly ash and bottom ash generated from the incineration of municipal solid waste
provided the fly ash and bottom ash are not regulated as hazardous waste.
1.9 Nuisance means anything which is injurious to human health or offensive to the senses;
interferes with the comfortable enjoyment of life or property; and affects a community,
neighborhood, or any considerable number of persons (although the extent of annoyance or
damage inflicted upon individual persons may be unequal).
1.10Person includes an individual, any political subdivision, public or private corporation,
individual, partnership, or other entity or organization defined as a person under section 1.59 of
the Ohio Revised Code.
1.12Solid Waste means such unwanted residual solid or semisolid material, including but not
limited to municipal solid waste, scrap tires, street dirt and debris, as results from industrial,
commercial, agricultural and community operations.
1.13Storage means the holding of debris for a temporary period in such a manner that it remains
retrievable and substantially unchanged throughout the period.
1.14Transfer Site or Site means any licensed site, location, tract of land, installation, or building
that is used or intended to be used for the purpose of transferring construction and demolition
debris that are generated off the premises of the facility from vehicles or containers into other
vehicles or containers for transportation to a licensed disposal facility.
SECTION 2.0 EXEMPTIONS
Pursuant to Chapter 3714 of the Ohio Revised Code and 3745-400 of the Ohio Administrative
Code shall not apply to any of the following:
(A) Any site where clean hard fill is reused or legitimately recycled in a beneficial
manner (provided a “Notice of Intent to Fill” has been satisfied in accordance with
O.A.C. 3745-400-05);
(B) Any site where construction and demolition materials are generated either on or off
site, and will be temporarily staged within portable containers. Such temporary
storage shall not create a nuisance.
(C) In the event of a disaster an area containing portable containers can be established by
the Health Commissioner to assure the proper disposal of construction and
demolition debris.
(D) A Legitimate Recycling Facility
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SECTION 3.0 PERMITTING
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
No person shall transfer or allow the transfer of construction and/or demolition debris on
any site within the Stark County Combined General Health District until a construction
and demolition debris transfer site permit has been obtained.
No person shall store or allow the storage of construction and/or demolition debris on
any site within the Stark County Combined General Health District until a construction
and demolition debris transfer site license has been obtained.
The Stark County Health Commissioner shall issue a construction and demolition debris
transfer site license only to those persons having proper site approval and agreeing to
comply with all the conditions of issuance or possession of the license and otherwise
having met the requirements of this regulation.
A Permit Application fee of $500.00 is to be submitted with the Permit Application.
Permit Application for a construction and demolition debris transfer site license shall be
in writing on a form provided by the Stark County Health Commissioner and contain
pertinent information as required by the Board of Health. The annual fee for a
construction and demolition debris transfer site permit shall be $2,000 per acre affected
by the transfer operation or any portion of an acre thereof.
The owner or operator of a transfer site shall establish financial assurance by submitting
a surety bond, insurance policy, or instrument approved by the Stark County Health
Department in an amount equal to $20,000 for each acre licensed under section 3.2 of
this regulation. The bond may be released by approval of the Health Commissioner upon
satisfactory closure of a site or portion thereof.
Each construction and demolition debris transfer site permit issued shall expire on
December 31 of each year.
A renewal application for a construction and demolition transfer site permit shall be
submitted in writing accompanied by the licensing fee, an original financial assurance
policy, and contain pertinent information as required by the Board of Health, to the
Health Commissioner and shall be submitted at least thirty (30) days prior to the
expiration date.
The permit application shall include all of the following information:
(A)
Detailed engineering plans, specifications, and information for the transfer
site shall be shown by means of drawings, and narrative descriptions
where appropriate.
i. The first drawing must contain the following information
1. The location of the transfer site to be depicted on a USGS
Topographic 7-1/2 minute quadrangle map
2. The name of the transfer site
3. The address location of the transfer site
4. The name and address of the applicant
5. The telephone number of the applicant
6. The name and address of the property owner(s)
7. The company’s name and address preparing the map
ii. The second drawing shall include the following:
1. The transfer site’s property line
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(B)
2. Boundary of affected area to be permitted for the transfer
and/or storage of construction and demolition debris
3. All public roads, railroads, right-of-ways, and structures within
500 feet of the property
4. Existing topography (five feet contours)
5. All bodies surface water (defined in Ohio Administrative Code
3745-1-02) within 500 feet of the property
6. A north arrow
7. The site name and address
8. The company’s name and address preparing the map
iii. The third drawing shall clearly illustrate the facility in respect to the
following (within 1000 feet of the site):
1. The transfer site’s property lines,
2. All private water systems and Public water systems within
1,500 feet of the facility,
3. All public roads, railroads, right-of-ways,
4. The limits of the “one hundred year floodplain”
5. The limits of all surface water bodies (including drainage
ditches and dry runs).
6. National park or recreation areas, State parks, and other
government properties (including but not limited to schools,
libraries, parks, etc.)
7. All public and private domiciles, structures, and community
gathering locations.
8. A north arrow
9. The site name and address
10. The company’s name and address preparing the map
A narrative containing but not limited to the following information:
i. The water supply for the surrounding area
ii. Whether the site and surrounding area is on municipal sewer or septic
systems
iii. A description of the waste handling process.
iv. Contingency plans for the following scenarios:
1. Encountering prohibited waste(s)
2. Fire and/or explosion
3. Spills
4. Equipment Failure
v. A letter notifying the following agencies of the intent to operate a
construction and demolition debris transfer site (The letter shall
contain the facility’s address, intent, and shall include a site map of the
location of the facility):
1. The local government(s) of the general purpose political
subdivisions where the facility is situated, or legislative
authority of a municipal corporation, or board of township
trustees
2. The local zoning authority having jurisdiction.
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3. The fire department having responsibility for providing fire and
rescue control services for the facility.
4. The division of air pollution control and the division of water
pollution control of the Ohio Environmental Protection
Agency.
vi. Approval letters stating that the following agencies - local governing
body, local zoning, the respective fire department, and the Ohio EPA,
divisions of air pollution control and water pollution control (NPDES)
have been notified, and that the facility will be incompliance with any
and all rules, regulations and provisions mandated by the respective
authorities.
vii. Documentation attesting to prior compliance history for any and all
permits, licenses, locations, business names, etc. The Board of Health
reserves the right to deny an application based upon the applicant’s
non-compliant history for any other facilities owned and/or operated
by the applicant.
viii. Public notice by publishing
3.10
The affected area of a C&DD Transfer site shall be located according to the following
minimum distance requirements:
500 feet
From any community gathering place (park, school, church, public
campground, wildlife preserve, etc.)
250 feet
From a domicile not owned by the C&DD transfer facility
200 feet
From any body of surface water including drainage ditches
100 feet
From any public roadway
100 feet
From any property line
100 feet
From a Private Water System
(NOTE: The above setbacks do not alleviate the owner/operator of other federal, state or
local setbacks that have been established)
3.11
Prohibited locations for C&DD Transfer sites are as follows:
Within the boundaries of the one-hundred-year flood plain.
Within the boundaries of a sole source aquifer.
SECTION 4.0 OPERATON
4.1 The owner or operator shall conduct all operations at the transfer site in strict compliance
with the permit, any orders, and other authorizing documents issued in accordance with
Chapter 3714 of the Ohio Revised Code.
4.2 The owner or operator of a construction and demolition debris transfer site shall not accept
any hazardous wastes, infectious wastes, solid wastes, friable asbestos, or containerized or
bulk liquids. If any such prohibited materials are detected in the incoming debris, the entire
load shall be refused. All incidents concerning these prohibited materials shall be noted in
the daily log.
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4.3 The transfer of sewage sludge, liquids, semi-liquids, hazardous materials, friable asbestos,
and solid wastes as defined by the Ohio Environmental Protection Agency, the Federal
Environmental Protection Agency or this resolution, is strictly prohibited.
4.4 The site must operate in such a manner that will not cause a nuisance.
4.5 The owner or operator shall confine unloading of waste materials to the designated staging
area(s) and shall ensure the unloading is supervised by competent operating personnel.
4.6 Access roads shall be designed and constructed to be passable by vehicles and emergency
vehicles so that traffic will flow smoothly and not be interrupted during inclement weather.
4.7 Construction and demolition materials shall be transported in a manner that said materials are
not scatted on the site’s ground surface or on public roadways.
4.8 The owner or operator shall employ measures necessary to minimize the occurrence of mud,
dirt, and dust on public roads before vehicles leave the facility.
4.9 The owner or operator shall have available at all times, adequate operating equipment.
4.10 The owner or operator shall have a contingency plan that addresses any delinquency in
operating equipment, or trained personnel.
4.11 The owner or operator shall operate the site in a manner that prevents fires.
4.12 The owner or operator shall limit access to the facility to authorized personnel only.
4.13 Upon proper identification the Health Commissioner and/or any authorized
representatives may enter the facility at reasonable times to determine compliance with
these regulations.
4.14 The owner or operator shall not allow scavenging or the removal of material from a
construction and demolition debris transfer site by a person(s) unauthorized by the
operator.
4.15 The owner or operator shall employ all reasonable measures to collect, properly contain,
and dispose of scattered litter at the site, including frequent policing of the area and
the use of portable wind screens when necessary. Debris that has been collected must be
containerized by the end of each work day, and properly disposed of on a weekly basis.
4.16 The owner or operator shall have available at the site, a copy of the application, drawings
submitted with application, and any respective relicensing applications.
4.17 The owner or operator shall have available at the site, adequate fire control, equipment,
material, and services to control fire and explosion. The operator shall act
immediately to control or extinguish any fire.
4.18 The owner or operator shall manage surface water to prevent the generation of leachate.
- All construction and demolition debris that will be stored at the site must be
staged on a concrete pad that is capable of bearing the weight of the stored
materials, vehicles used for hauling the materials, AND heavy equipment that
is used for the handling of the materials.
- Diversion channels need to be installed to direct surface water away from the
storage area(s).
- If leachate is encountered, the owner or operator must immediately take action
to correct the point of leachate generation, contain the leachate, collect the
leachate, AND dispose of the leachate properly.
4.19 If a substantial threat of surface water or groundwater pollution exits, the licensing
authority may require monitoring of surface and/or groundwater.
4.20 Any construction and/or demolition debris that is stored longer than a period of seven
days (7) will be considered open dumping of construction and demolition debris and
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4.21
4.22
will be pursued under the Ohio Administrative Code and the Ohio Revised Code.
The owner or operator shall maintain a daily log that documents incoming tonnage,
outgoing tonnage, disposal locations, origin of the debris and other pertinent operating
information.
An annual report must be submitted for each licensing year. The annual report must
contain, but not limited to:
- The total tonnage received by the construction and demolition debris transfer
site.
- The total tonnage removed from the construction and demolition debris
transfer site.
- A comparison of out-of-state versus in-state waste.
- A comparison of construction and demolition debris versus other debris with a
description of other debris that was accepted.
The annual report must be submitted to the Stark County Health Department by February
28 of each year. (Note that the license year is from January 1 to December 31).
SECTION 5.O PERIODIC INSPECTIONS
5.1
Operators of any construction and demolition debris transfer site in the Stark County
Combined General Health District are subject to periodic, unannounced inspections from
the Health Commissioner or authorized representatives. Any refusal to allow such
inspection will be cause for a revocation and/or suspension hearing.
SECTION 6.0 EFFECT OF PARTIAL INVALIDITY
6.1
Should any part of this regulation be declared invalid or unconstitutional for any reason,
any remainder of this regulation shall not be affected thereby.
SECTION 7.0 EFFECTIVE DATE
7.1
The effective date of these regulations shall be December 10, 2008.
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