As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 153 5
1997-1998 6
SENATORS SUHADOLNIK-GAETH-WHITE-SWEENEY 8
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A B I L L
To amend sections 3734.01 and 3734.03 of the Revised 12
Code to clarify the definition of "infectious 14
wastes" in the Solid, Infectious, and Hazardous
Waste Law through the inclusion of references to 15
zoonotic diseases.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 3734.01 and 3734.03 of the 19
Revised Code be amended to read as follows: 21
Sec. 3734.01. As used in this chapter: 30
(A) "Board of health" means the board of health of a city 32
or general health district or the authority having the duties of 33
a board of health in any city as authorized by section 3709.05 of 34
the Revised Code. 35
(B) "Director" means the director of environmental 37
protection. 38
(C) "Health district" means a city or general health 40
district as created by or under authority of Chapter 3709. of the 41
Revised Code. 42
(D) "Agency" means the environmental protection agency. 44
(E) "Solid wastes" means such unwanted residual solid or 46
semisolid material as results from industrial, commercial, 47
agricultural, and community operations, excluding earth or 48
material from construction, mining, or demolition operations, or 49
other waste materials of the type that normally would be included 50
in demolition debris, nontoxic fly ash and bottom ash, including 51
at least ash that results from the combustion of coal and ash 52
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that results from the combustion of coal in combination with 53
scrap tires where scrap tires comprise not more than fifty per 54
cent of heat input in any month, spent nontoxic foundry sand, and 55
slag and other substances that are not harmful or inimical to 56
public health, and includes, but is not limited to, garbage, 57
scrap tires, combustible and noncombustible material, street 58
dirt, and debris. "Solid wastes" does not include any material 59
that is an infectious waste or a hazardous waste. 60
(F) "Disposal" means the discharge, deposit, injection, 62
dumping, spilling, leaking, emitting, or placing of any solid 63
wastes or hazardous waste into or on any land or ground or 64
surface water or into the air, except if the disposition or 65
placement constitutes storage or treatment or, if the solid 66
wastes consist of scrap tires, the disposition or placement 67
constitutes a beneficial use or occurs at a scrap tire recovery 68
facility licensed under section 3734.81 of the Revised Code. 69
(G) "Person" includes the state, any political subdivision 71
and other state or local body, the United States and any agency 72
or instrumentality thereof, and any legal entity defined as a 73
person under section 1.59 of the Revised Code. 74
(H) "Open burning" means the burning of solid wastes in an 76
open area or burning of solid wastes in a type of chamber or 77
vessel that is not approved or authorized in rules adopted by the 78
director under section 3734.02 of the Revised Code or, if the 79
solid wastes consist of scrap tires, in rules adopted under 80
division (V)(U) of this section or section 3734.73 of the Revised 82
Code, or the burning of treated or untreated infectious wastes in 83
an open area or in a type of chamber or vessel that is not 84
approved in rules adopted by the director under section 3734.021 85
of the Revised Code. 86
(I) "Open dumping" means the depositing of solid wastes 88
into a body or stream of water or onto the surface of the ground 89
at a site that is not licensed as a solid waste facility under 90
section 3734.05 of the Revised Code or, if the solid wastes 91
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consist of scrap tires, as a scrap tire collection, storage, 92
monocell, monofill, or recovery facility under section 3734.81 of 93
the Revised Code; the depositing of solid wastes that consist of 94
scrap tires onto the surface of the ground at a site or in a 95
manner not specifically identified in divisions (C)(2) to (5), 96
(7), or (10) of section 3734.85 of the Revised Code; the 97
depositing of untreated infectious wastes into a body or stream 98
of water or onto the surface of the ground; or the depositing of 99
treated infectious wastes into a body or stream of water or onto 100
the surface of the ground at a site that is not licensed as a 101
solid waste facility under section 3734.05 of the Revised Code. 102
(J) "Hazardous waste" means any waste or combination of 104
wastes in solid, liquid, semisolid, or contained gaseous form 105
that in the determination of the director, because of its 106
quantity, concentration, or physical or chemical characteristics, 107
may do either of the following: 108
(1) Cause or significantly contribute to an increase in 110
mortality or an increase in serious irreversible or 111
incapacitating reversible illness; 112
(2) Pose a substantial present or potential hazard to 114
human health or safety or to the environment when improperly 115
stored, treated, transported, disposed of, or otherwise managed. 116
"Hazardous waste" includes any substance identified by 118
regulation as hazardous waste under the "Resource Conservation 119
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 120
amended, and does not include any substance that is subject to 121
the "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, 122
as amended. 123
(K) "Treat" or "treatment," when used in connection with 125
hazardous waste, means any method, technique, or process designed 126
to change the physical, chemical, or biological characteristics 127
or composition of any hazardous waste; to neutralize the waste; 128
to recover energy or material resources from the waste; to render 129
the waste nonhazardous or less hazardous, safer to transport, 130
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store, or dispose of, or amenable for recovery, storage, further 131
treatment, or disposal; or to reduce the volume of the waste. 132
When used in connection with infectious wastes, "treat" or 133
"treatment" means any method, technique, or process designed to 134
render the wastes noninfectious, including, without limitation, 135
steam sterilization and incineration, or, in the instance of 136
wastes identified in division (R)(7) of this section, to 137
substantially reduce or eliminate the potential for the wastes to 138
cause lacerations or puncture wounds. 139
(L) "Manifest" means the form used for identifying the 141
quantity, composition, origin, routing, and destination of 142
hazardous waste during its transportation from the point of 143
generation to the point of disposal, treatment, or storage. 144
(M) "Storage," when used in connection with hazardous 146
waste, means the holding of hazardous waste for a temporary 147
period in such a manner that it remains retrievable and 148
substantially unchanged physically and chemically and, at the end 149
of the period, is treated; disposed of; stored elsewhere; or 150
reused, recycled, or reclaimed in a beneficial manner. When used 151
in connection with solid wastes that consist of scrap tires, 152
"storage" means the holding of scrap tires for a temporary period 153
in such a manner that they remain retrievable and, at the end of 154
that period, are beneficially used; stored elsewhere; placed in a 155
scrap tire monocell or monofill facility licensed under section 156
3734.81 of the Revised Code; processed at a scrap tire recovery 157
facility licensed under that section or a solid waste 158
incineration or energy recovery facility subject to regulation 159
under this chapter; or transported to a scrap tire monocell, 160
monofill, or recovery facility, any other solid waste facility 161
authorized to dispose of scrap tires, or a facility that will 162
beneficially use the scrap tires, that is located in another 163
state and is operating in compliance with the laws of the state 164
in which the facility is located. 165
(N) "Facility" means any site, location, tract of land, 167
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installation, or building used for incineration, composting, 168
sanitary landfilling, or other methods of disposal of solid 169
wastes or, if the solid wastes consist of scrap tires, for the 170
collection, storage, or processing of the solid wastes; for the 171
transfer of solid wastes; for the treatment of infectious wastes; 172
or for the storage, treatment, or disposal of hazardous waste. 173
(O) "Closure" means the time at which a hazardous waste 175
facility will no longer accept hazardous waste for treatment, 176
storage, or disposal, the time at which a solid waste facility 177
will no longer accept solid wastes for transfer or disposal or, 178
if the solid wastes consist of scrap tires, for storage or 179
processing, or the effective date of an order revoking the permit 180
for a hazardous waste facility or the registration certificate, 181
permit, or license for a solid waste facility, as applicable. 182
"Closure" includes measures performed to protect public health or 183
safety, to prevent air or water pollution, or to make the 184
facility suitable for other uses, if any, including, but not 185
limited to, the removal of processing residues resulting from 186
solid wastes that consist of scrap tires; the establishment and 187
maintenance of a suitable cover of soil and vegetation over cells 188
in which hazardous waste or solid wastes are buried; minimization 189
of erosion, the infiltration of surface water into such cells, 190
the production of leachate, and the accumulation and runoff of 191
contaminated surface water; the final construction of facilities 192
for the collection and treatment of leachate and contaminated 193
surface water runoff, except as otherwise provided in this 194
division; the final construction of air and water quality 195
monitoring facilities, except as otherwise provided in this 196
division; the final construction of methane gas extraction and 197
treatment systems; or the removal and proper disposal of 198
hazardous waste or solid wastes from a facility when necessary to 199
protect public health or safety or to abate or prevent air or 200
water pollution. With regard to a solid waste facility that is a 201
scrap tire facility, "closure" includes the final construction of 202
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facilities for the collection and treatment of leachate and 203
contaminated surface water runoff and the final construction of 204
air and water quality monitoring facilities only if those actions 205
are determined to be necessary. 206
(P) "Premises" means either of the following: 208
(1) Geographically contiguous property owned by a 210
generator; 211
(2) Noncontiguous property that is owned by a generator 213
and connected by a right-of-way that the generator controls and 215
to which the public does not have access. Two or more pieces of 216
property that are geographically contiguous and divided by public 217
or private right-of-way or rights-of-way are a single premises. 218
(Q) "Post-closure" means that period of time following 220
closure during which a hazardous waste facility is required to be 221
monitored and maintained under this chapter and rules adopted 222
under it, including, without limitation, operation and 223
maintenance of methane gas extraction and treatment systems, or 224
the period of time after closure during which a scrap tire 225
monocell or monofill facility licensed under section 3734.81 of 226
the Revised Code is required to be monitored and maintained under 227
this chapter and rules adopted under it. 228
(R) "Infectious wastes" includes all of the following 230
substances or categories of substances: 231
(1) Cultures and stocks of infectious agents and 233
associated biologicals, including, without limitation, specimen 234
cultures, cultures and stocks of infectious agents, wastes from 235
production of biologicals, and discarded live and attenuated 236
vaccines; 237
(2) Laboratory wastes that were, or are likely to have 239
been, in contact with infectious agents that may present a 240
substantial threat to public health if improperly managed; 241
(3) Pathological wastes, including, without limitation, 243
human and animal tissues, organs, and body parts, and body fluids 244
and excreta that are contaminated with or are likely to be 245
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contaminated with infectious agents, removed or obtained during 246
surgery or autopsy or for diagnostic evaluation, PROVIDED THAT, 247
WITH REGARD TO PATHOLOGICAL WASTES FROM ANIMALS, THE ANIMALS HAVE 248
OR ARE LIKELY TO HAVE BEEN EXPOSED TO A ZOONOTIC AGENT; 250
(4) Waste materials from the rooms of humans, or the 252
enclosures of animals, that have been isolated because of 253
diagnosed communicable disease that are likely to transmit 254
infectious agents. Such waste materials from the rooms of humans 255
do not include any wastes of patients who have been placed on 256
blood and body fluid precautions under the universal precaution 257
system established by the centers for disease control in the 258
public health service of the United States department of health 259
and human services, except to the extent specific wastes 260
generated under the universal precautions system have been 261
identified as infectious wastes by rules adopted under division 262
(R)(8) of this section. 263
(5) Human and animal blood specimens and blood products 265
that are being disposed of, except PROVIDED that, WITH REGARD TO 267
BLOOD SPECIMENS AND BLOOD PRODUCTS FROM ANIMALS, THE ANIMALS WERE
OR ARE LIKELY TO HAVE BEEN EXPOSED TO A ZOONOTIC AGENT. "blood 269
BLOOD products" does not include patient care waste such as 271
bandages or disposable gowns that are lightly soiled with blood 272
or other body fluids unless those wastes are soiled to the extent 273
that the generator of the wastes determines that they should be 274
managed as infectious wastes;. 275
(6) Contaminated carcasses, body parts, and bedding of 277
animals that were intentionally exposed to infectious agents FROM 278
ZOONOTIC OR HUMAN DISEASES during research, production of 280
biologicals, or testing of pharmaceuticals, and carcasses and 281
bedding of animals otherwise infected BY ZOONOTIC OR INFECTIOUS 282
AGENTS that may present a substantial threat to public health if 285
improperly managed;
(7) Sharp wastes used in the treatment, diagnosis, or 287
inoculation of human beings or animals or that have, or are 288
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likely to have, come in contact with infectious agents in 289
medical, research, or industrial laboratories, including, without 290
limitation, hypodermic needles and syringes, scalpel blades, and 291
glass articles that have been broken; 292
(8) Any other waste materials generated in the diagnosis, 294
treatment, or immunization of human beings or animals, in 295
research pertaining thereto, or in the production or testing of 296
biologicals, that the public health council created in section 297
3701.33 of the Revised Code, by rules adopted in accordance with 298
Chapter 119. of the Revised Code, identifies as infectious wastes 299
after determining that the wastes present a substantial threat to 300
human health when improperly managed because they are 301
contaminated with, or are likely to be contaminated with, 302
infectious agents. 303
(S) "Infectious agent" means a type of microorganism, 305
helminth, or virus that causes, or significantly contributes to 306
the cause of, increased morbidity or mortality of human beings. 307
(T) "Board of county commissioners" includes, in addition 309
to any such board selected under Chapter 302. or 305. of the 310
Revised Code, any legislative authority that a county establishes 311
under Sections 3 and 4 of Article X, Ohio Constitution. 312
(U) "Solid waste transfer facility" means any site, 314
location, tract of land, installation, or building that is used 315
or intended to be used primarily for the purpose of transferring 316
solid wastes that were generated off the premises of the facility 317
from vehicles or containers into other vehicles for 318
transportation to a solid waste disposal facility. "Solid waste 319
transfer facility" does not include any facility that consists 320
solely of portable containers that have an aggregate volume of 321
fifty cubic yards or less nor any facility where legitimate 322
recycling activities are conducted. 323
(V)(U) "Beneficially use" means to use a scrap tire in a 325
manner that results in a commodity for sale or exchange or in any 326
other manner authorized as a beneficial use in rules adopted by 327
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the director in accordance with Chapter 119. of the Revised Code. 328
(W)(V) "Commercial car," "commercial tractor," "farm 330
machinery," "motor bus," "vehicles," "motor vehicle," and 331
"semitrailer" have the same meanings as in section 4501.01 of the 332
Revised Code. 333
(X)(W) "Construction equipment" means road rollers, 335
traction engines, power shovels, power cranes, and other 336
equipment used in construction work, or in mining or producing or 337
processing aggregates, and not designed for or used in general 338
highway transportation. 339
(Y)(X) "Motor vehicle salvage dealer" has the same meaning 341
as in section 4738.01 of the Revised Code. 342
(Z)(Y) "Scrap tire" means an unwanted or discarded tire. 344
(AA)(Z) "Scrap tire collection facility" means any 346
facility that meets all of the following qualifications: 347
(1) The facility is used for the receipt and storage of 349
whole scrap tires from the public prior to their transportation 350
to a scrap tire storage, monocell, monofill, or recovery facility 351
licensed under section 3734.81 of the Revised Code; a solid waste 352
incineration or energy recovery facility subject to regulation 353
under this chapter; a premises within the state where the scrap 354
tires will be beneficially used; or a scrap tire storage, 355
monocell, monofill, or recovery facility, any other solid waste 356
disposal facility authorized to dispose of scrap tires, or a 357
facility that will beneficially use the scrap tires, that is 358
located in another state, and that is operating in compliance 359
with the laws of the state in which the facility is located; 360
(2) The facility exclusively stores scrap tires in 362
portable containers; 363
(3) The aggregate storage of the portable containers in 365
which the scrap tires are stored does not exceed five thousand 366
cubic feet. 367
(BB)(AA) "Scrap tire monocell facility" means an 369
individual site within a solid waste landfill that is used 370
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exclusively for the environmentally sound storage or disposal of 371
whole scrap tires or scrap tires that have been shredded, 372
chipped, or otherwise mechanically processed. 373
(CC)(BB) "Scrap tire monofill facility" means an 375
engineered facility used or intended to be used exclusively for 376
the storage or disposal of scrap tires, including at least 377
facilities for the submergence of whole scrap tires in a body of 378
water.
(DD)(CC) "Scrap tire recovery facility" means any 380
facility, or portion thereof, for the processing of scrap tires 382
for the purpose of extracting or producing usable products, 383
materials, or energy from the scrap tires through a controlled 384
combustion process, mechanical process, or chemical process. 385
"Scrap tire recovery facility" includes any facility that uses 386
the controlled combustion of scrap tires in a manufacturing 387
process to produce process heat or steam or any facility that 388
produces usable heat or electric power through the controlled 389
combustion of scrap tires in combination with another fuel, but 390
does not include any solid waste incineration or energy recovery 391
facility that is designed, constructed, and used for the primary 392
purpose of incinerating mixed municipal solid wastes and that 393
burns scrap tires in conjunction with mixed municipal solid 394
wastes, or any tire retreading business, tire manufacturing 395
finishing center, or tire adjustment center having on the 396
premises of the business a single, covered scrap tire storage 397
area at which not more than four thousand scrap tires are stored. 398
(EE)(DD) "Scrap tire storage facility" means any facility 400
where whole scrap tires are stored prior to their transportation 401
to a scrap tire monocell, monofill, or recovery facility licensed 402
under section 3734.81 of the Revised Code; a solid waste 403
incineration or energy recovery facility subject to regulation 404
under this chapter; a premises within the state where the scrap 405
tires will be beneficially used; or a scrap tire storage, 406
monocell, monofill, or recovery facility, any other solid waste 407
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disposal facility authorized to dispose of scrap tires, or a 408
facility that will beneficially use the scrap tires, that is 409
located in another state, and that is operating in compliance 410
with the laws of the state in which the facility is located. 411
(FF)(EE) "Used oil" means any oil that has been refined 413
from crude oil, or any synthetic oil, that has been used and, as 414
a result of that use, is contaminated by physical or chemical 415
impurities. "Used oil" includes only those substances identified 416
as used oil by the United States environmental protection agency 417
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42 418
U.S.C.A. 6901a, as amended.
(FF) "ZOONOTIC AGENT" MEANS A TYPE OF MICROORGANISM, 420
HELMINTH, OR VIRUS THAT CAUSES DISEASE IN VERTEBRATE ANIMALS AND 421
THAT IS TRANSMISSIBLE TO HUMAN BEINGS AND CAUSES OR SIGNIFICANTLY 422
CONTRIBUTES TO THE CAUSE OF INCREASED MORBIDITY OR MORTALITY OF 423
HUMAN BEINGS.
Sec. 3734.03. No person shall dispose of solid wastes by 432
open burning or open dumping, except as authorized by the 433
director of environmental protection in rules adopted in 434
accordance with division (V)(U) of section 3734.01, section 435
3734.02, or sections 3734.70 to 3734.73 of the Revised Code and 436
except for burying or burning the body of a dead animal as 437
authorized by section 941.14 of the Revised Code. No person 438
shall dispose of treated or untreated infectious wastes by open 439
burning or open dumping.
Section 2. That existing sections 3734.01 and 3734.03 of 441
the Revised Code are hereby repealed. 443