Non-Hazardous Waste Rules and Laws

This page provides information about and access to current and pending rules regarding Ohio’s non-hazardous waste programs. This includes solid waste, infectious waste and construction and demolition debris program rules.  There are also rules applicable to specific activities of solid waste management districts and local health departments.

The tabs below provide information and the status of specific rule development activities and opportunities for public input as well as the status of draft, proposed and effective rules. Links to general information that may be helpful to individuals interested in rules or the rule-making process is found under the Additional Information tab. These sites include the Register of Ohio, which contains all state agency rule proposal packages and the Joint Committee on Agency Rule Review, which is the legislative committee responsible reviewing and processing all state agency rules.

Questions? Email Michelle Braun or call (614) 728-5372.


March 28, 2014: DMWM Releases Interested Party Draft for Transfer Facility Rules

DMWM has posted a draft rules package regarding the transfer facility rules for interested party review. Comments will be accepted through April 28, 2014.  Please see the "Interested Party" tab on the DMWM Rules Page or the Interested Party Letter for more information.

March 11, 2014: DMWM Releases Early Stakeholder Outreach for Plastic Bottle Labeling Rule

DMWM has posted a draft Early Stakeholder Outreach (ESO) document regarding the plastic bottle labeling rule for interested party review. Comments will be accepted through April 11, 2014.

March 11, 2014: DMWM Releases Early Stakeholder Outreach for Municipal Solid Waste (MSW) Landfill Rules

DMWM has posted a draft Early Stakeholder Outreach (ESO) document regarding the MSW program for interested party review. Comments will be accepted through April 11, 2014.

March 7, 2014: DMWM Releases Early Stakeholder Outreach for the Scrap Tire Program

DMWM has posted a draft Early Stakeholder Outreach (ESO) document regarding the scrap tire program for interested party review. Comments will be accepted through April 7, 2014.

The Division of Materials and Waste Management (DMWM), has filed proposed the Standards for solid waste management district rule (3745-27-90) with the Joint Committee on Agency Rule Review (JCARR).

Ohio EPA held a public comment period for these rules from January 3, 2014 to February 3, 2014.Please see the “Proposed Rules” tab on the Non-hazardous Rules webpage to view the Public Notice and Response to Comments from the interested party period.

Coming Soon: DMWM to release draft Beneficial Use Permits and host related stakeholder meeting

  • March 7, 2014: DMWM Releases Early Stakeholder Outreach for the Scrap Tire Program

    DMWM has posted a draft Early Stakeholder Outreach (ESO) document regarding the scrap tire program for interested party review. Comments will be accepted through April 7, 2014.

  • Beneficial Use

    • Why develop a regulatory program for beneficial use?

      There is increasing interest in using beneficial use byproducts currently disposed of in landfills.  DMWM and the Division of Surface Water (DSW) are suggesting the creation of a regulatory program to manage these beneficial use byproducts more sustainably.  A beneficial use program may offer the following benefits:
      1. Provide byproduct generators with a science-based protocol for evaluating their byproducts
      2. Assure potential users of the safety of these materials
      3. Reduce disposal costs for generators
      4. Provide sources of raw materials for end users
      5. Extend the capacity of landfills and conserve resources
      6. Make byproducts resources instead of waste.
    • What developments have occurred so far?

    • What is conceptual draft rule language?

      The conceptual draft rule language reflects Ohio EPA’s vision of how a beneficial use program might be carried out in Ohio. Preparing this conceptual draft rule language has helped the Agency identify areas that need additional stakeholder input and discussion. This conceptual draft rule language is not complete, has not undergone a full internal Agency review and is not intended to be the quality of an interested party draft rule package.
    • How are concepts being updated?

      We are considering stakeholder comments on the conceptual draft rule language:
      1. The Agency recognizes that the proposed beneficial use concepts and authorization mechanisms could also apply to non-industrial materials and uses, including agricultural and other uses of slightly contaminated soil and dredged harbor and lake sediments. To address this broader scope of materials, the conceptual draft rule replaces the previous term “select waste” with the broader term “beneficial use byproduct.”
      2. During the stakeholder discussions, a list of land-applied construction products manufactured using beneficial use byproducts as ingredients were identified.  These construction products have well-established markets and are subject to significant engineering and contractual construction material specifications. This approach is illustrated in the conceptual draft rule 3745-599-10 which excludes the use beneficial use byproducts as ingredients in certain types of construction products from complying with the conceptual draft beneficial use chapter.
      3. Ohio EPA continues to be open to the concept of certain beneficial use authorizations by rule (pre-approved) for other uses of beneficial use byproducts.  While neither stakeholders nor Ohio EPA have not yet identified any specific beneficial uses for authorization by rule at this time, a placeholder rule is included in the conceptual draft rule language.
      4. The conceptual draft rule language contains reference to permit fees but no fee amount is specified.  Until concepts are better developed, the Agency will not focus on permit fees for the proposed program.
      5. The conceptual draft rule language includes the use of standardized aquatic toxicity biological tests for material characterization and analysis.
      6. Stakeholders raised the issue and the Division of Surface Water is considering the possibility of the beneficial use program including authorization for land application of industrial liquid wastes. This concept was not discussed during stakeholder meetings and not included in the May 2013 conceptual draft rule language.
      7. Stakeholders have noted that the permitted generator or distributor authorized to use the beneficial use byproduct may not have knowledge of the person or “end user” actually using the authorized beneficial use byproduct.  Stakeholders have questioned the practicality of the conceptual draft rule language that includes a general requirement that no person shall use a beneficial use byproduct without authorization.  Ohio EPA understands and is considering those practical circumstances where requiring a permit of the end user or person doing the land application is impractical or unnecessary.
      8. Stakeholder comment has the Agency considering the concept of “co-product,” in which a material secondarily results from an industrial process, has a well-established market and is subject to significant engineering and contractual specifications.  Such “co-products” would not be subject to regulation under the Beneficial Use rules.

    • What are the next steps?

      1. Release of a conceptual draft description of the general permit concept with two illustrative examples of general permits.
      2. Release of a conceptual draft description of “co-product”.
      3. Revision of the conceptual draft rule language and release of an interested party draft of the final beneficial use rules in spring of 2014.
  • No outreach available at this time

  • January 14, 2014: DMWM Releases Early Stakeholder Outreach for the Construction and Demolition Debris (C&DD) Program

    DMWM has posted a draft Early Stakeholder Outreach (ESO) document regarding the C&DD program for interested party review.  Comments will be accepted through February 14, 2014.



Complete Chapter 27

Rule #

Effective Date

Rule Title

3745-27-01

03/01/13

Definitions

3745-27-02

7/01/08

Permit to install

3745-27-03

8/15/03

Exemptions

3745-27-04

11/30/02

Regulation of select wastes

3745-27-05

8/15/03

Applicability and relation to other laws

3745-27-06

7/01/04

Sanitary landfill facility permit to install application

3745-27-07

7/01/04

Additional criteria for approval of sanitary landfill facility permit to install applications

3745-27-08

8/15/03

Sanitary landfill facility construction

3745-27-09

7/01/04

Sanitary landfill facility operating record

3745-27-10

8/15/03

Ground water monitoring program for a sanitary landfill facility

3745-27-11

8/15/03

Final closure of a sanitary landfill facility

3745-27-12

8/15/03

Explosive gas migration monitoring for a sanitary landfill facility

3745-27-13

8/15/03

Procedure to engage in filling, grading, excavating, building, drilling, or mining on land where a hazardous waste facility or solid waste facility was operated

3745-27-14

8/15/03

Post closure care of sanitary landfill facilities

3745-27-15

11/01/07

Financial assurance for solid waste facility or scrap tire transporter closure

3745-27-16

9/01/02

Financial assurance for sanitary landfill facility post closure care

3745-27-17

2/04/13

Wording of financial assurance instruments

3745-27-18

9/01/02

Corrective measures financial assurance for a sanitary landfill facility

3745-27-19

11/01/07

Operational criteria for a sanitary landfill facility

3745-27-20

3/01/06

Prohibitions and closure

3745-27-21

7/01/04

Solid waste transfer facility permit to install application

3745-27-22

7/01/04

Additional criteria for approval of solid waste transfer facility permit to install application

3745-27-23

7/01/04

Operation of solid waste transfer facilities

3745-27-24

7/01/04

Final closure of solid waste transfer facilities

3745-27-30

03/01/13

Standards for generators of infectious waste

3745-27-32

03/01/13

Standards for the operation of infectious waste treatment facilities

3745-27-33

03/01/13

Disposal paper system

3745-27-35

03/01/13

Standards for handling infectious wastes

3745-27-36

03/01/13

Registration requirements for generators of infections waste

3745-27-37

7/05/07

Infectious waste treatment facility permit to install application

3745-27-38

7/05/07

Alternative infectious waste treatment technology approval process

3745-27-39

7/05/07

Final closure of infectious waste treatment facilities

3745-27-50

7/01/04

Solid waste incinerator or solid waste energy recovery facility permit to install application

3745-27-51

 3/01/96

Additional criteria for approval of solid waste incinerator or solid waste energy recovery facility permit to install application

3745-27-52

7/01/04

Operation of solid waste incinerator or solid waste energy recovery facilities

3745-27-53

 3/01/96

Final closure of solid waste incinerator or solid waste energy recovery facilities

3745-27-54

11/01/07

Registration requirement for scrap tire transporters - annual registration certificate

3745-27-55

11/01/07

Criteria for approval, denial, suspension, or revocation of an annual registration certificate for a scrap tire transporter

3745-27-56

11/01/07

Standards for transporters of scrap tires

3745-27-57

11/01/07

Shipping paper system for scrap tires

3745-27-60

11/01/07

General storage and handling of scrap tires

3745-27-61

11/01/07

Registration requirements for scrap tire collection, class II scrap tire storage, class II scrap tire recovery facilities

3745-27-62

11/01/07

Criteria for approval of application for a registration certificate or for a permit to install for a scrap tire facility

3745-27-63

11/01/07

Class I scrap tire storage facility or class I scrap tire recovery facility permit to install application

3745-27-65

11/01/07

Operation of scrap tire collection, storage, and recovery facilities

3745-27-66

11/01/07

Closure of scrap tire collection, storage, or recovery facilities

3745-27-67

11/01/07

Mobile scrap tire recovery facility registration and operation

3745-27-69

8/15/03

Applicability of requirements for a scrap tire monocell facility

3745-27-70

7/01/04

Scrap tire monofill facility permit to install application

3745-27-71

7/01/04

Additional criteria for approval of scrap tire monofill facility permit to install application

3745-27-72

8/15/03

Scrap tire monofill facility construction

3745-27-73

8/15/03

Final closure of a scrap tire monofill facility

3745-27-74

8/15/03

Post closure care of scrap tire monofill facilities

3745-27-75

7/01/04

Operational criterial for a scrap tire monofill facility

3745-27-78

11/01/07

Beneficial use of scrap tires

3745-27-79

11/01/07

Soil, surface water, and ground water contamination characterization and remediation caused by open burning of scrap tires

3745-27-80

2/28/11

Applicability and definitions for authorizations to stabilize waste through bulk liquid addition.

3745-27-81

2/28/11

Application for a permit to stabilize waste through bulk liquid addition.

3745-27-82

2/28/11

Issuing and denying a permit to install; extending and reauthorizing an authorization to stabilize waste through bulk liquid addition.

3745-27-83

2/28/11

Gas management system operation.

3745-27-84

2/28/11

Monitoring, notification, and annual reporting requirements.

3745-27-85

2/28/11

Extending or establishing a new termination date of an authorization to stabilize waste through bulk liquid addition.

3745-27-86

2/28/11

Terminating and suspending the authorization to stabilize waste through bulk liquid addition by the owner or operator.

3745-27-87

2/28/11

Terminating and suspending the authorization to stabilize waste through bulk liquid addition by the director; corrective measures.

3745-27-88

2/28/11

Monitoring, reporting, and financial assurance requirements after termination of an authorization to stabilize waste through bulk liquid addition.

3745-27-89

2/28/11

Gas management system design.

3745-27-90

5/10/01

Standards for solid waste management districts

3745-27-91

6/01/94

Labeling of plastic bottles and containers

3745-27-99

11/01/07

Requirements for professional engineer certification of plans,
specifications, and  information

 


Complete Chapter 28

Rule #

Effective Date

Rule Title

3745-28-01

03/01/13

Infectious waste host fee - definitions

3745-28-07

03/09/09

Infectious waste host fees

 


Complete Chapter 29

Rule #

Effective Date

Rule Title

3745-29-01

8/15/03

Definitions

3745-29-02

8/15/03

Applicability

3745-29-06

7/01/04

Industrial solid waste landfill permit to install application

3745-29-07

7/01/04

Additional criteria for approval of industrial solid waste landfill permit to install application

3745-29-08

8/15/03

Industrial solid waste landfill facility construction

3745-29-10

8/15/03

Ground water monitoring program for an industrial solid waste landfill facility

3745-29-11

8/15/03

Final closure of an industrial solid waste landfill facility

3745-29-14

8/15/03

Post closure care of industrial solid waste landfill facilities

3745-29-19

7/01/04

Operational criteria for an industrial solid waste landfill facility

 


Complete Chapter 37

Rule #

Effective Date

Rule Title

3745-37-01

9/30/96

Solid waste, C&DD, or infectious waste treatment facility license required

3745-37-02

9/30/96

Solid waste, C&DD, or infectious waste treatment facility license application

3745-37-03

9/30/96

Criteria for issuing solid waste, C&DD, or infectious waste treatment facility license

3745-37-04

9/30/96

Action by board of health or director

3745-37-05

9/30/96

Expiration of licenses

3745-37-06

9/30/96

Transfer of licenses

3745-37-07

9/30/96

Procedure for granting, denying, suspending, modifying, revoking, or disapproving transfer of solid waste, C&DD, or infectious waste treatment facility license

3745-37-08

9/30/96

Approved list of health districts

3745-37-09

9/30/96

Return of solid waste, C&DD, or infectious waste treatment facility licensing function to health districts

3745-37-10

9/30/96

Time for inspections

3745-37-11

7/29/76

Conditional solid waste disposal licenses

3745-37-14

5/31/91

Authorized maximum daily waste receipts

3745-37-15

3/1/96

Additional criteria for issuing solid waste facility licenses to scrap tire facilities

 

 Complete Chapter 400
Two-Column Formatted Rules

Rule #

Effective Date

Rule Title

3745-400-01

8/31/02

Definitions

3745-400-03

8/31/02

Facility exclusions

3745-400-04

8/31/02

Authorized, limited, and prohibited construction and demolition debris disposal methods

3745-400-05

8/31/02

Clean, hard fill

3745-400-06

8/31/02

Prohibited locations for construction and demolition debris facilities

3745-400-07

8/31/02

Facility design requirements and construction specifications

3745-400-08

8/1/12

Construction and final closure certifications

3745-400-09

8/31/02

Site characterization

3745-400-10

8/31/02

Ground water monitoring

3745-400-11

8/31/02

Operation of facilities

3745-400-12

8/1/12

Final closure of facilities

3745-400-13

8/1/12

Financial assurance for construction and demolition debris facility final closure

3745-400-14

8/1/12

Wording of the financial instruments

3745-400-15

9/30/96

Modifications and exemptions

3745-400-16

8/1/12

Post-closure care of a construction and demolition debris facility

3745-400-17

8/1/12

Procedures for issuance of an order extending the post-closure care period

3745-400-18

8/1/12

Financial assurance for post-closure care of construction and demolition debris facilities

3745-400-20

1/1/13

Leachate sampling and analysis and additional requirements to monitor ground water for leachate parameters

3745-400-21

1/1/13

Construction and demolition debris facility - leachate parameter list

3745-400-25

8/1/12

Five year transition for final closure and post-closure care financial assurance for construction and demolition debris facilities

 

Complete Chapter 500

Rule #

Effective Date

Rule Title

3745-500-01

04/02/12

General administration - applicability. 

3745-500-02

04/02/12

General administration - definitions.

3745-500-03

04/02/12

Incorporation by reference.

3745-500-35

04/02/12

Relationships among authorizing documents, rules, and the authority of the director and board of health.

3745-500-50

04/02/12

Signatures.

3745-500-120

04/02/12

Procedures for issuing, denying, modifying, transferring, and revoking licenses and permits to install. 

3745-500-130

04/02/12

Retention and distribution of authorizing documents - procedures for boards of health and Ohio EPA.

3745-500-150

04/02/12

Alteration to a solid waste permit to install.

3745-500-210

04/02/12

Variances for solid waste facilities.

3745-500-220

04/02/12

Exemptions from solid waste requirements.

3745-500-330

04/02/12

Termination of a permit to install under Chapter 3734. of the Revised Code. 

3745-500-350

04/02/12

Causes for revoking a permit to install issued under Chapter 3734. of the Revised Code.

3745-500-360

04/02/12

Administrative change to a permit to install.

Complete Chapter 501

Rule #

Effective Date

Rule Title

3745-501-01

04/02/12

Licensing - applicability.

3745-501-02

04/02/12

Licensing - definitions.

3745-501-05

04/02/12

Licensing required for solid waste, infectious waste treatment, and construction and demolition debris facilities.

3745-501-10

04/02/12

License applications, application procedures, and remittal of fees after license issuance.

3745-501-15

04/02/12

Criteria for issuing or denying facilitiy licenses.

3745-501-20

 04/02/12

Procedures for the licensing authority for reviewing and considering license applications.

3745-501-35

 04/02/12

Transfer of licenses.

3745-501-40

 04/02/12

Suspension or revocation of a license.

 

Complete Chapter 502

3745-502-01

03/09/09

Solid waste fee - definitions.

3745-502-02

12/09/10

Requirements for collecting, remitting, and reporting state disposal and environmental protection fees.

3745-502-03

12/09/10

Requirements for collecting, remitting, and reporting solid waste management district disposal and generation fees.

3745-502-04

12/09/10

Requirements for collecting, remitting, and reporting host community fees.

3745-502-05

03/09/09

Construction and demolition debris disposal fee at municipal solid waste facility - multiple townships or municipal corporations.

 

Complete Chapter 503

Rule #

Effective Date

Rule Title

3745-503-01

04/02/12

Financial assurance - applicability.

3745-503-02

04/02/12

Financial assurance - definitions.

3745-503-05

04/02/12

Financial assurance for a solid waste facility or scrap tire transporter closure.

3745-503-20

04/02/12

Wording of financial assurance instruments.

Complete Chapter 520

Rule #

Effective Date

Rule Title

3745-520-50

11/01/07

Ground water monitoring fee

Complete Chapter 560
560 Two-Column Formatted Rules

Rule #

Effective Date

Rule Title

3745-560-01

04/02/12

Composting facilities - applicability.

3745-560-02

04/02/12

Composting facilities - definitions.

3745-560-03

04/02/12

Plan view drawing update for class IV composting facilities.

3745-560-04

04/02/12

Composting - log of operations and annual report forms.

3745-560-05

04/02/12

Composting - closure cost estimate.

3745-560-100

04/02/12

Class I composting facility establishment.

3745-560-101

04/02/12

Criteria and procedures for approval, termination, revocation, and administrative change of a class I composting facility permit to install.

3745-560-102

04/02/12

Procedures for commencement of operations at class I composting facilities.

3745-560-105

04/02/12

Alternative materials request for class I composting facilities.

3745-560-110

04/02/12

Operational requirements for class I composting facilities. 

3745-560-115

04/02/12

Record keeping requirements for class I composting facilities.

3745-560-120

04/02/12

Compost distribution requirements for class I composting facilities.

3745-560-125

04/02/12

Compost sampling and testing requirements for class I composting facilities. 

3745-560-130

04/02/12

Compost quality standards for class I composting facilities.

3745-560-135

04/02/12

Closure requirements for class I composting facilities.

3745-560-200

04/02/12

Class II composting facilitiy establishment.

3745-560-201

04/02/12

Criteria for approval and termination of a class II composting facility registration.

3745-560-202

04/02/12

Procedures for commencement of operations at class II composting facilities.

3745-560-205

04/02/12

Alternative materials request for class II composting facilities. 

3745-560-210

04/02/12

Operational requirements for class II composting facilities. 

3745-560-215

04/02/12

Record keeping requirements for class II composting facilities.

3745-560-220

04/02/12

Compost distribution requirements for class II composting facilities.

3745-560-225

04/02/12

Compost sampling and testing requirements for class II composting facilities. 

3745-560-230

04/02/12

Compost quality standards for class II composting facilities.

3745-560-235

04/02/12

Closure requirements for class II composting facilities.

3745-560-300

04/02/12

Class III composting facility establishment. 

3745-560-301

04/02/12

Criteria for approval and termination of a class III composting facility registration. 

3745-560-302

04/02/12

Procedures for commencement of operations at class III composting facilities.

3745-560-310

04/02/12

Operational requirements for class III composting facilities.

3745-560-315

04/02/12

Record keeping requirements for class III composting facilities.

3745-560-320

04/02/12

Compost distribution requirements for class III composting facilities.

3745-560-325

04/02/12

Compost sampling and testing requirements for class III composting facilities. 

3745-560-330

04/02/12

Compost quality standards for class III composting facilities.

3745-560-335

04/02/12

Closure requirements for class III composting facilities. 

3745-560-400

04/02/12

Class IV composting facility establishment.

3745-560-401

04/02/12

Criteria for approval and termination of a class IV composting facility registration.

3745-560-402

04/02/12

Procedures for commencement of operations at class IV composting facilities.

3745-560-410

04/02/12

Operational requirements for class IV composting facilities. 

3745-560-415

04/02/12

Record keeping requirements for class IV composting facilities.

3745-560-435

04/02/12

Closure requirements for class IV composting facilities.