The Solid and Infectious Waste Program is administered by the Ohio EPA, Division of Materials and Waste Management, and is governed by Ohio EPA solid and infectious waste rules developed under the authority of H.B. 592 (1988). A health district on the Ohio EPA Director’s approved list is responsible for ensuring that substantial compliance with applicable portions of Chapter 3734 of the Ohio Revised Code (ORC) is maintained within the health district. Clermont County Public Health is on the approved list, and so oversees the Solid and Infectious Waste Program within Clermont County for the Ohio EPA.
Clermont County Public Health is required to inspect solid and infectious waste facilities within its jurisdiction to ensure compliance with the solid and infectious waste rules. Under the statutory authority of Paragraph (C) Section 3734.07 of the Revised Code, representatives of Public Health may enter at reasonable times any private or public property, real or personal, to inspect or investigate, obtain samples, and examine or copy records to determine compliance with ORC Chapter 3734. Clermont County Public Health is required to take action whenever necessary to ensure substantial compliance with the solid and infectious waste regulations [Ohio Administrative Code (OAC), Chapters 3745-27 through 3745-400].
All solid and infectious waste facilities must register with the Ohio EPA, except for small generators of infectious waste. With certain exceptions, no person may establish or modify a solid waste facility, or infectious waste treatment facility without obtaining a permit to install (PTI) from the Ohio EPA. With certain exceptions, no person may operate a solid waste facility, or infectious waste treatment facility without a license from Clermont County Public Health.
The solid and infectious waste regulations contain design, operational, and citing requirements specific to each type of solid or infectious waste facility. Each person proposing to establish or modify a solid waste facility, or infectious waste treatment facility must submit an application for a permit with accompanying detailed plans and specifications.
Facility owners and operators are responsible for compliance with all current rules and regulations regarding solid and infectious waste. Compliance with the solid and infectious waste provisions contained in ORC 3745, and the rules promulgated thereunder does not relieve any facility of it’s obligation to comply with other applicable County, State, or Federal laws and regulations. Solid waste is also regulated under Public Health Nuisance Regulation 410.
Persons or businesses not required to be registered or licensed as solid or infectious waste facilities must also comply with all applicable laws and regulations. Solid and infectious waste must be disposed of in an approved manner. The open dumping and open burning of solid or infectious waste is prohibited.
“Open dumping” means depositing solid or infectious waste into a body or stream of water, or onto the surface of the ground at a site that is not licensed as a solid waste facility. “Open burning” means the burning of solid or infectious waste in an open area, or burning such wastes in a type of chamber or vessel that is not approved or authorized. The open dumping or open burning of solid waste on a property other than a licensed solid waste facility is a violation of ORC Section 3745.03.
This website is not intended to provide complete information regarding the solid and infectious waste rules. Complete rules, publications, guidance documents, forms, and facility lists can be found at the Ohio EPA website. See Public Health Nuisance Regulation to review the applicable county regulations. If additional information about the Solid and Infectious Waste Program is needed, contact us.
Types of Waste
Construction and Demolition Debris
“Construction and demolition debris” or “debris” means those materials resulting from the alteration, construction, destruction, rehabilitation, or repair of any manmade 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, infectious wastes, or hazardous wastes pursuant to Chapter 3734 of the Revised Code and rules adopted under it; or materials from mining operations, nontoxic fly ash, spent nontoxic foundry sand, and slag; or reinforced or non-reinforced 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 alteration, 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 finished lumber, roofing materials, plumbing fixtures, heating equipment, electrical wiring and components containing no hazardous fluids or refrigerants, insulation, affixed 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 whose removal has been required prior to demolition, and materials which are otherwise contained within or exist outside the structure such as solid wastes, yard wastes, furniture, and 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.
“Infectious wastes” means any wastes or combination of wastes that include cultures and stocks of infectious agents and associated biological, human blood and blood products, and substances that were or are likely to have been exposed to or contaminated with or are likely to transmit an infectious agent or zoonotic agent. [See OAC 3745-27-01 for a full definition.]
“Residual solid waste” or “residual waste” is a type of solid waste, and includes waste generated from fuel burning operations, foundry operations, pulp and papermaking operations, steelmaking operations, gypsum processing plant operations, lime processing operations, and Portland cement operations. [See OAC 3745-30-01 for a full definition.]
“Scrap tire” is a type of solid waste, and means any unwanted or discarded tire, regardless of size, that has been removed from its original use. “Scrap tire” includes all whole scrap tires and pieces of scrap tires which are readily identifiable as scrap tires by visual inspection, and which still contain wire.
For purposes of this definition, “unwanted” means the original generator, original owner or manufacturer of the tire no longer wants to use, or is unable to use the tire for its original purpose, and “discarded” means the owner or manufacturer of the tire has otherwise managed the tire in such a manner that disposal has occurred.
[Comment: While a tire may not be “unwanted or discarded” such that it is a “scrap tire,” the tire may still be a “solid waste” as defined in this rule.]
“Solid waste” means such unwanted residual solid or semisolid material, including but not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt and debris, as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, or other waste materials of the type that normally would be included in demolition debris, nontoxic fly ash and bottom ash, including at least ash that results from the combustion of coal, biomass fuels, and ash that results from the combustion of coal in combination with scrap tires where scrap tires comprise not more than fifty per cent of heat input in any month, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to, garbage, scrap tires, combustible and non-combustible material, street dirt, and debris. Solid waste does not include any material that is an infectious or a hazardous waste.
“Yard waste” means solid waste that includes only leaves, grass clippings, brush, garden waste, tree trunks, tree stumps, holiday trees, and prunings from trees or shrubs. Yard waste does not include industrial or agricultural processing wastes.
[Comment: The intent of this definition is to identify a general type of vegetative waste resulting from the care and maintenance of landscaped areas, lawns, and gardens that has been collected for the purpose of disposal or composting. Vegetative waste resulting from the use of commercial products, such as discarded flowers, potted flowers, or grave baskets that do not include plastic, metal, styrofoam, or other non-biodegradable material would be considered a yard waste. Vegetative waste from industrial processing such as food processing waste is not yard waste.]
A composting facility is a designated facility where the composting of solid waste occurs in accordance with the Ohio Administrative Code. No person may establish or operate a composting facility without first submitting to the Ohio EPA the required notification, and becoming a registered facility. No person may substantially change a currently registered composting facility without first submitting the required notification. Class I and class II composting facilities are required to obtain a license. Class I composting facilities must obtain a permit to install.
Composting facilities are classified according to the type of waste, or “feedstock” they may accept. There are four classes of composting facilities (classes I – IV). Class IV facilities may accept only source-separated yard waste. (“Source-separated yard waste” means yard waste that has been separated at the point of generation, or at the point of collection from other solid wastes.) Class III facilities may accept source-separated yard waste, agricultural plant materials, and animal manure. Class II facilities may accept source separated yard waste, agricultural plant materials, animal waste, vegetables, fruits, grains, processed food, and meat. Class I facilities may accept non-source- separated material in addition to the materials a Class II facility may accept.
The regulatory requirements for each class of facility differ, but there are general requirements which apply to all facilities. All site preparations must be completed before any facility can accept feedstocks. Facilities that accept tree stumps must have the capability to process that type of waste. Reasonable measures must be employed to prevent acceptance of prohibited materials, and to remove prohibited material.
All facilities must control surface water run-off and run-on, prevent ponding and erosion, and minimize the impact to surface and ground waters. Surface water must be diverted from the materials placement areas. Actions must be taken to minimize the production of leachate, and control, or eliminate ponding of leachate, and the conditions that contribute to the discharge of leachate from the facility.
The owner or operator of a composting facility must record the facility operations on forms approved by the Ohio EPA, and retain the logs for a minimum period of three years. Composting facilities must submit an annual report to the Ohio EPA district office, and Clermont County Public Health.
“Composting” is the controlled biological decomposition of organic solid wastes under predominantly aerobic conditions, and at temperatures conducive to thermophilic (heat loving) microorganisms, resulting in a humus-like organic material, i.e. compost. The methods of composting utilized at a composting facility must enable biological decomposition under aerobic conditions. In general, this involves grinding the waste, turning the curing compost frequently and adding water to the curing compost to control decomposition.
Compost differs from mulch. The production of mulch requires no biological decomposition or thermophilic reaction. The composting rules do not apply to persons who use leaves or wood chips as mulch.
There are seven registered composting facilities in Clermont County; six class IV, and one class III. Class IV composting facilities are inspected once a year. Class III facilities are inspected quarterly.
Construction and Demolition Debris Facilities
Construction and demolition debris (C&DD) disposal facilities cannot be established, modified, operated, or maintained without a permit to install, and a license. A C&DD facility cannot accept “regulated” solid wastes, hazardous wastes, infectious wastes, asbestos, waste oil, liquids, or scrap tires.
The C&DD rules don’t apply to any site where only clean hard fill is used in legitimate fill operations for construction purposes, or to bring the site up to grade. Clean hard fill (concrete, asphalt, brick, block, tile, or stone) may be stored on a site for two years before it would be considered illegal disposal. If clean hard fill will be used to change the grade at an off-site location, then a “Notice of Intent to Fill” must be provided to Clermont County Public Health at least seven days prior to the beginning of fill operations.
There are no licensed C&DD facilities in Clermont County.
Infectious Waste Generators
There are two types of infectious waste generators, the “large generator,” and the “small generator.” A large generator is a facility which generates more than 50 pounds per month of infectious waste in any one month during a given calendar year. A small generator is a facility which generates less than 50 pounds per month of infectious waste in any one month during a given calendar year.
Large generators of infectious waste must register with the Ohio EPA. All generators must segregate infectious waste at the point of generation, manage their infectious waste in a non-putrescent manner, and have designated and labeled infectious waste storage areas. Registered generators must ensure that their infectious waste is properly treated. Small generators may dispose of their infectious waste as solid waste (except for specimen cultures and cultures of infectious agents) after the amount of waste has been weighed and recorded in a monthly log.
Veterinary practices are infectious waste generators, and are responsible for handling, storing, treating, and disposing of the infectious waste they generate in accordance with the infectious waste regulations. A veterinary practice will either be a large generator, or a small generator and must comply with whichever regulations are applicable.
Individuals who generate infectious waste as a result of their own care or treatment can dispose of the waste in the regular waste stream, including sharps, provided the waste hauler will accept infectious waste. Sharps should be sealed in a rigid, leak-proof, puncture-resistant container with a tight-fitting lid prior to disposal. If a sharps container designed for the purpose is not used, then a bleach bottle or liquid detergent bottle is recommended. Any container used to dispose of sharps should be labeled with the word “sharps” on all sides of the container, especially if the container is recyclable. Glass containers and plastic milk jugs should not be used to dispose of sharps.
All landfills are required to obtain a permit to install (PTI), and a license. Landfills may not accept asbestos, liquids, hazardous waste, PCB waste, radioactive wastes, infectious wastes from large generators, or wastes containing free liquids. Residual waste landfills may accept only residual solid wastes as defined in OAC Chapter 3745-30-01.
The owner or operator of a landfill must conduct all construction, and all operations at a solid waste landfill facility in strict compliance with the applicable authorizing documents, including the PTI. The facility must be operated in such a manner that noise, dust, and odors are controlled so as not to cause a nuisance, or a health hazard. The facility must also be operated in a manner that does not cause water pollution.
Scrap Tire Facilities
Scrap tire facilities are required to register and obtain a license, depending on the type of facility. The transportation, collection, handling, storage, and disposal of scrap tires is regulated under the Administrative Code. All types of facilities must comply with the general requirements described below.
Any person storing scrap tires, who is not otherwise required to obtain a registration certificate, or a permit to install and a license must also comply with all applicable regulatory requirements for the proper transportation, storage, handling, and disposal of scrap tires. Scrap tires must be transported, stored, handled, and disposed of so that they do not create a public health nuisance, a fire hazard, or another hazard to public safety.
Scrap tire storage piles must be separated from all possible ignition sources (e.g. open flame, welding equipment) by at least fifty feet. Scrap tires stored outside must be at least twenty-five feet away from all buildings. Sufficient fire lanes must be maintained to allow access by emergency vehicles at all times to and around the scrap tire storage piles and area. Fire lanes must be maintained free of all combustible materials.
Scrap tires must be stored and handled so that they do not become a breeding place for mosquitoes. There are two acceptable methods of controlling mosquitoes on a property where scrap tires are stored or handled. Liquids may be removed from the scrap tires, and the scrap tires stored so that water does not accumulate in them. The scrap tires must then be kept free of water at all times, either covered or stored in a building.
Alternatively, a pesticide or larvicide which is registered for use for mosquito control by the Ohio Department of Agriculture must be applied to the scrap tires at no greater than thirty day intervals, or as recommended by the manufacturer. If applying a pesticide or larvicide as a mosquito control, then mosquito control records must be maintained at the premises for a minimum of three years after the application, indicating the name of the pesticide, the amount used per tire, the EPA registration number of the pesticide, the date and time of application, and the name of the person who applied the pesticide or larvicide.
Sufficient drainage must be maintained so that water does not pond or collect in areas where scrap tires are stored. Scrap tires must not be stored by submergence, and must not be covered with soil.
Any person who wishes to transport more than ten scrap tires must first obtain a registration certificate from the Ohio Environmental Protection Agency (Ohio EPA), or have them transported by a registered transporter. Shipping papers or waste receipts must be retained for at least three years.
Non-registered transporters must remove all water from scrap tires before transportation, or treat them with a larvicide. Registered transporters must store scrap tires in a covered trailer. If the trailer is open and not covered at all times, or if scrap tires containing water are placed in the trailer, pickup must occur once every seven days to prevent the breeding of mosquitos.
Businesses or persons who propose to collect or store scrap tires must first obtain a registration certificate, unless certain exemptions apply. An application for a registration certificate must be submitted at least ninety days prior to the date on which the applicant of the facility proposes to accept scrap tires. The premises of a business that removes tires from motor vehicles in the ordinary course of business is exempt from registration, provided the business has a single scrap tire storage area occupying not more than twenty-five hundred square feet. Only scrap tires removed from vehicles in the ordinary course of business can be stored at the site.
“Solid waste transfer facility” or “transfer facility” means any site, location, tract of land, installation, or building that is used or intended to be used primarily for the purpose of transferring solid wastes that are generated off the premises of the facility from vehicles or containers into other vehicles or containers for transportation to a solid waste disposal facility. This does not include any facility that consists solely of portable containers that have an aggregate volume of fifty (50) cubic yards or less, nor any facility where legitimate recycling activities are conducted.
Transfer facilities are required to obtain a license and a PTI. There are no licensed transfer stations in Clermont County.
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